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Book ^Jtl 



OFFICIAL DONATION. 




School Law of Indiana 



^»^>M/A 



INC1_UDIMC3 =- 



ACTS OF 1891 



ISSUED BY 



HEKVEY D. TORIES, 

Superintendent of Public Instruction. 



lEDIAI^APOLIS, 

1891, 



x^^i- 






'jteuM.od'i'o --'^ 



^ ISatcS-t^i^ .0. u?^ FgwRSO^: I 



CONTENTS. 



Introduction. 



I. Development of the School System Page 5 



II. Outline of the System 

III. Editions of the School Law 

IV. The Present" Edition. ' 

V. Superintendents of Public Instruction 

VI. Attorney-Generals ........ 

VII. Explanations 



Constitutional Provisions. 

Article VIII — Education. 



THE SCHOOL LAW. 

Common Schools. 

Article I— The Fund § 4325-4405 

Article II — Administration § 4406-4464 

Article III — Taxation § 4465-4471 

Article IV — Enumeration § 4472-4476 

Article V — Apportionment of Revenue ....,§ 4477-4487 

Article VI— Schools in Cities and Towns § 4488-4492 

Article VII— Schools and School Houses . . .... § 4493-4519 

Article VIII— Teachers' Institutes ... = ....,§ 4520-4523 

Article IX— Free Libraries .......... .§4524-4533 

Article X — General Provisions § 4534-4541 

State Normal School § 4542-4560 

Imlex. Page 101 



INTRODUCTION. 



I. DEVELOPMENT OP THE SCHOOL SYSTEM. 

In accordance with the general law of institutional development, the 
growth of the school system of Indiana has been toward simplicity and 
unity. By the first Constitution it was made the duty of the General 
Assembly to provide for a general system of education. The first at- 
tempt to create such an institution was ' ' An act incorporating congres- 
sional townships, and providing for public schools therein," approved 
February 6, 1837. The system then established was extremely compli- 
cated, and was weakened by an excessive division of functions among 
numerous officers. It was without county or State direction, and nearly 
every step in matters of taxation and administration was dependent upon 
the votes of the inhabitants of school districts. These defects were not 
removed by the ' ' Act to increase and extend the benefits of common 
schools," approved January 19, 1849. The inefficacy of these statutes 
soon became apparent; and the present Constitution, adopted in 1851, 
not only renewed the requirement that the system should be general and 
uniform, but also forbade the enactment of local or special laws for sup- 
porting common schools. In pursuance of these provisions a general 
school law was enacted in 1852, and received the approval of the Gov- 
ernor on February 14 of that year. This law contained the germs of 
the present system ; and after passing through several revisions by the 
General Assembly, guided by a series of luminous decisions of the Su- 
preme Court, it was embodied in the act of March 6, 1865, the last com- 
prehensive statute on the subject of common schools. This, as amended 
to date, with a number of supplemental sections and acts, constitute the 
school law of Indiana. 

II. OUTLINE OF THE SYSTEM. 

1. A State Superintendent of Public Instruction. Elected by the 
people for two years. — § 4406. Charged with the administration of the 
system, the general superintendence of school affairs, the management 
of the funds and revenues, and the interpretation of the school law ; 



Q INTRODUCTION. 

makes reports to tlie Governor and the General Assembly, apportions 
revenue among the counties, publishes and distributes the school laws, 
compiles school statistics, and visits all the counties. — § 4408-4417, 4482. 

2. A State Board of Education. An ex-offieio body of professional 
educators — §4420. Examines applicants for State certificates, prescribes 
examination for professional eight-year licenses, and takes cognizance of 
questions not otherwise provided for. — §4421, 4422. 

3. County Superintendents. One for each county, elected by the 
Township Trustees for two years. — §4424. Examine and license teachers, 
and direct and superintend their work, hold county institutes, compile 
educational and financial statistics, and report them to the Superintendent 
of Public Instruction, and carry out directions of the Supei'intendent of 
Public Instruction and the State Board.— §4425-4431, 4521. 

4. School Trustees. One for each township, elected by the people 
for two years. — §4438. Three for each town or city, appointed by the 
Town Board or City Council for three years. — §4439. Charged with the 
ownership and management of school property, levy local taxes, employ 
teachers, cause township institutes to be held, make reports to County 
Superintendents and Commissioners, and constitute a County Board of 
Education, which adopts text-books.— §4436, 4441-4444, 4520. 

5. School Directors. Elected by the patrons in each school district for 
one year. — §4498. Preside at school meetings, all the media of com- 
munication between the people and the Trustee, and, under direction of 
the Trustee, have the care of the school houses, make small repairs and 
provide fuel. They may exclude refractory pupils, subject to appeal to 
the Trustee.— §4503-4506. 

6. General Institutions. State Normal School. — 4542-4560, Indiana 
University, Purdue University (Agricultural and Mechanical). 

7. Special Institutions. Institute for the Education of the Deaf and 
Dumb, Institute for the Education of the Blind, State Reform Schools. 

III. EDITIONS OF THE SCHOOL LAW. 

The act of 1837, relating to public schools was published "by author- 
ity' ' in the year of its passage. The act of 1852 provided for the election 
of a Superintendent of Public Instruction, in compliance with the new 
Constitution, and made it his duty to publish and distribute as many 
copies of the School Law as he should deem the public good to require. 



INTRODUCTION. 7 

In obedience to that requirement, annotated editions were published by 
successive Superintendents, as follows : By Larrabee in 1853, by Mills 
in 1855, by Larrabee in 1858, by Fletcher in 1861, by Hoss in 1865 and 
1867, by Hobbs in 1869, by Hopkins in 1873, by Smart in 1877, and by 
Holcombe in 1883. 



IV, THE PRESENT EDITION. 

In this edition an effort has been made to present a thorough and com- 
plete exposition of the administration of a highly developed educational 
code — a code embodying a school system which, for its efficiency and 
thorough organization, and its advanced position as to State supervision 
and control, is generally recognized as a model State system. 

This edition is also intended to be representative of the Department of 
Public instruction, preserving decisions of the Superintendents as far as 
they are found applicable to the present law, and crediting each opinion 
to its author whenever he can be determined with any degree of certainty. 
The subjoined list of State Superintendents and Attorneys-General will 
enable the reader to fix approximately the dates of decisions. 



V. STATE SUPERINTENDENTS OF PUBLIC INSTRUCTION. 

Wm. C. Larrabee (deceased) . Nov. '52 to Feb. '55 

Caleb Mills " Feb. '55 to " '57 

Wm. C. Larrabee " " '57 to " '59 

Samuel L.Rugg " " '59 to " '61 

Miles J. Fletcher (deceased) " '61 to May '62 

Samuel K. Hoshour (appointed) May ' 62 to No v. ' 62 

Samuel L. Rugg (deceased) Nov. '62 to Mar. '65 

George W. Hoss (resigned) ■. . . . Mar. '65 to Oct. '68 

Barnabas C. Hobbs (appointed) Oct. ' 68 to Mar. ' 69 

Barnabus C. Hobbs (elected) Mar. '69 to " '71 

Milton B. Hopkins (died in office) " '71 to Aug.' 74 

Alexander C. Hopkins (appointed) Aug. '74 to Mar. '75 

James H. Smart Mar. '75 to " '81 

JohnM. Bloss • ., . . . " '81 to " '83 

John W. Holcombe " '83 to " '87 

Harvey M. LaFollette " '87 to " '91 

Hervey D. Vories " '91 to 



INTRODUCTION. 



VI. ATTORNEYS-GENERAL. 



James Morrisou 1855-57 

Joseph E. McDonald . . 1857-59 

James G. Jones 1859-60 

John P. Usher 1860-62 

Oscar B. Hord 1862-64 

Delano E. Williamson . . 1864-70 
Bayless W. Hanna . . - 1870-72 



James C. Denny . . 


. 1872-74 


Clarence A. Buskirk 


. 1874-78 


Thomas W. Woolen . 


. 1878-80 


Daniel P. Baldwin . 


. 1880-82 


Francis T. Hord . . . 


. 1882-86 


Louis T. Michener . 


. 1886-90 


Alonzo G. Smith . . 


. 1890 



VII. EXPLANATIONS. 



The Board of Revision of the Laws, created by the act of March 28, 
1879, codified the laws relating to common schools, the State Normal 
School, Indiana University, and Purdue University, and published them 
as Chapters 52, 53, 54, and 55 of the Revised Statutes of 1881. The 
numbering and arrangement of sections made by the Board of Revision 
are preserved, and the numbers in the original acts are placed at the end 
of each section. In cross-references the letters R. S. and figures 1881 
are placed after the number when the section designated belongs to a 
part of the Revised Statutes not included in the school law. A carefully 
prepared index may be found at the end of the volume. 

August 15, 1891. 



CONSTITUTIONAL PROVISIONS. 



ARTICLE VIII -EDUCATION. 



[In force November 1, 1851.] 



182. Common schools. Knowledge and learning gen- 
erally diffused throughout a community being essential to the preservation 
of a free government, it shall be the duty of the General Assembly to 
encourage, by all suitable means, moral, intellectual, scientific and agri- 
cultural improvement, and to provide by law for a general and uniform 
system of common schools, wherein tuition shall be without charge and 
equally open to all. 

1. Schools a State institution. Under our former Constitution we had had 
two systems of common schools, the general and the local, and the local had broken 
down the general system and neither had flourished. This was an evil distinctly in 
the view of the convention which framed the new Constitution, and it was deter- 
mined that the two systems should no longer co-exist ; that the one general system 
should continue, strengthened by additional aids, and that the counteracting local 
system should go out of existence. * ^ Common schools as a whole are made a 
State institution — a system co-extensive with the State, embracing within it every 
citizen, every foot of territory, and all the taxable property of the State. — City of 
Lafayette v. Jenners, 10 Ind. 76 and 77. 

2. Genkeal. Our common school system must be general, that is. it must ex- 
tend over and embrace every portion of the State.— Corey v. Carter, 48 Ind. 358. 

3. Uniform. It must be uniform. This will be secured when all the schools 
of the same grade have the same system of government and discipline, the same 
branches of learning taught, and the same qualifications for admission. — Id. 359. 

4. Classification. The schools must be equally open to all. But the Legisla- 
ture may classify the pupils to be admitted, with reference to age, sex, advancement 
and branches of study to be pursued, and may designate to what schools and what 
school houses the different ages, sexes, and degrees of proficiency shall be assigned. 
—Id. 360. 

5. Colored Pupils. To require the white and colored children to be taught 
separately, provision being made for their education in the same branches, accord- 
ing to age, capacity, or advancement, with capable teachers, does not amount to a, 
denial of equal privileges to either, or conflict with the open character of the sys- 
tem required by the Constitution. — Id. 362 ; ? 4496. 



10 CONSTITUTIONAL PROVISIONS. 

183. Common school fund. The Common School Fund 
shall consist of the Congressional Township Fund, and the lands belong- 
ing thereto ; 

The Surplus Revenue Fund ; 

The Saline Fund, and the lands belonging thereto ; 

The Bank Tax Fund, and the fund arising from the one hundred and 
fourteenth section of the Charter of the State Bank of Indiana ; 

The fund to be derived from the sale of county seminaries, and the 
moneys and property heretofore held for such seminaries ; for the fines 
assessed for breaches of the penal laws of the State, and from all for- 
feitures which may accrue ; 

All lands and other estate which shall escheat to the State for want of 
heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the State 
when no special purpose is expressed in the grant, and the proceeds of the 
sales thereof, including the proceeds of the sales of the swamp lands 
granted to the State of Indiana by the act of Congress, of the twenty- 
eighth day of September, one thousand eight hundred and fifty, after 
deducting the expense of selecting and draining the same ; 

Taxes on the property of corporations that may be assessed by the 
General Assembly for common school purposes. 

1. Consolidation void. In so far as this section attempts to consolidate the 
congressional township fund with other funds, it is inoperative. The provisions of 
the School Law of 1852, which were designed in pursuance of this section to effect 
such consolidation are in contravention of the subsequent section 7, and of the con- 
gressional grant to the townships. State v. Springfield Tp. 6 Ind. 83 ; Davis v. In- 
diana, 94 U. S. 792. 

2. Sale of Seminaries void. The provisions authorizing the sale of County 
Seminaries is void, impairing the obligation of contracts. Edwards v. Jagers 19 
Ind. 407. Compare Heaston v. The Board, 20 Ind. 398. 

184. Principal, a perpetual fund. The principal of 

the Common School Fund shaU remain a perpetual fund, which may be 
increased, but shall never be diminished ; and the income thereof shall 
be inviolably appropriated to the support of Common Schools and to no 
other purpose whatever. 

185. Investment and distribution. The General As- 
sembly shall invest, in some safe and profitable manner, all such portions 
of the Common School Fund as have not heretofore been entrusted to 
the several counties, and shall make provision, by law, for the distribu- 
tion among the several counties of the interest thereof. 



CONSTITUTIONAL PROVISIONS, 11 

186. Reinvestment. If any county shall fail to demand its 
proportion of such interest, for Common School purposes, the same shall 
be reinvested for the benefit of such county. 

187. Counties — Liability. Thd several counties shall be 
held liable for the preservation of so much of said fund as may be entrusted 
to them, and for the payment of the annual interest thereon. 

1. Eents. a county is liable for rents derived from unsold congressional 
township land. — Davis v. The Board, 44 Ind. 38. 

188. Trust funds inviolate. All trust funds held by the 
State shall remain inviolate, and be faithfully and exclusively applied 
to the purposes for which the trust was created. 

189. Superintendent of Public Instruction. The 

General Assembly shall provide for the election, by the voters of the 
State, of a State Superintendent of Public Instruction, who shall hold his 
office for two years, and whose duties and compensation shall be pre- 
scribed by law. 



THE SCHOOL LAW. 



ARTICLE I— THE FUND. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4325. What constitutes. The funds heretofore known 
and designated as the surplus revenue fund, all funds heretofore appro- 
priated to common schools, the- saline fund, the bank-tax fund, the fund 
which has been derived or may be derived from the sale of county sem- 
inaries and the property belonging thereto, the moneys and properties 
heretofore held for such seminaries, all fines assessed for breaches of the 
penal laws of the State, all forfeitures which may accrue, all lands and 
other estate which shall escheat to the State for want of heirs or kindred 
entitled to the inheritance thereof, aU lands which have been granted, or 
may be granted hereafter, to the State, when no special object is ex- 
pressed in the grant, the proceeds of the sales of the swamp lands 
granted to the State of Indiana by the act of Congress of September, 
1850, the taxes which may be assessed from time to time upon the 
property of corporations for common school purposes, and the fund aris- 
ing from the one hundred and fourteenth section of the charter of the 
State Bank of Indiana, shall be denominated the "Common School 
Fund." The fund derived from the sale of Congressional township 
school lands, and the unsold Congressional township school lands, at the 
reasonable value thereof, shall be denominated the "Congressional 
township school fund," and shall never be diminished in amount, the in- 
come of which, together with the taxes mentioned and specified in the 
first section of this act [§ 4465], the money and income derived from 
licenses for the sale of intoxicating liquors, and unclaimed fees, as pro- 
vided by law, shall be denominated the "School revenue for tuition," 
the whole of which is hereby appropriated, and shall be applied exclu- 
sively to furnishing tuition to the common schools of the State, without 
any deduction for the expense of collection or disbursement. (2) 

1. Two DISTINCT FUNDS. This section, in conformity with the decisions cited 
under Const. 183, provides that there shall be two distinct funds, the "Common 
School Fund" and the -* Congressional Township School Fund," which must be kept 
apart and managed separately (§ 4327). Under the former title are consolidated 
^11 the funds named in the C9nstitution5 except the Congressioual township fund, 



A *-■■ 



SCHOOL LAAV OF INDIANA. lo 

and in addition thereto " all funds heretofore appropriated to common schools," re- 
ferring to all moneys arising from the sale of estray animals, and property taken up 
adrift, which were, by an act approved January 15, 1844, transferred to the common 
school fund of the county to be ratably apportioned among the several school dis- 
tricts thereof. ISfeither of these funds shall ever be diminished, for the term com- 
mon school fund in the Constitution includes both. 

2. Eevenues. Of the " School Eevenue for Tuition " the interest on the com- 
mon school fund, the proceeds of the State tax, and the unclaimed fees are paid 
into the State treasury and apportioned to the counties by the Supt. of Public In- 
struction semi-annually on the basis of school population. — ^4477-4482. The rev- 
enues derived from the congressional township fund and from county liquor licenses 
are distributed by the county auditors to the townships and counties to which they 
respectively belong.— §4486 E. S. 1881, and §5316; State v. Forkner, 70 Ind. 241. 

3. Fees of officers. No deduction shall be made from the school revenues 
for expense of collection or disbursement, but the county auditors shall receive 
from the general funds of the counties the amount of one per cent, on the perma- 
nent school funds held in trust by their several counties, as compensation for the 
management of them.— E. S. 1881, §5909 ; Hanlon v. The Board, 53 Ind. 123. 

4. Illegal deductions recoverable— Statute of limitations. By the 
school law of 1855, and also of 1865, still in force (E. S. 1881, §4325), the income 
of the common school fund and the taxes levied and collected for tuition are re- 
quired to be applied exclusively to furnishing tuition in the common schools of the 
State. Provision is made for payment out of the county fund of the fees of officers for 
collecting, managing and dispensing the tuition fund. (E. S. 1881, §5909, 5927, 
5928). From the constitutional and statutory provisions it is manifest that, with 
reference to common school funds, the State and county act simply as trustees for 
the benefit of the school children of the State. The county can not repudiate or 
disavow its trust, and where it misappropriates common school funds, no failure of 
the proper officers to bring suit for any length of time after notice of the misappro- 
priation can be set up by way of limitation to the action to the predjudice of the 
beneficiaries of the trust. — State v. St. -Joseph Co., 90 Ind. 359 ; Board of Com. v. 
State, 103 Ind. 497; Board of Com. r. State, 106 Ind. 270 ; Board of Com. u State, 106 
Ind. 53. 

5. Estrays. Under the first clause of the schedule annexed to the Constitu- 
tion of 1851, the act of January 15, 1844 (p. 86 of act of 1884), entitled " An act 
converting the moneys arising from the sale of estrays and property taken up adrift 
into the common school fund, not being inconsistent with the Constitution and not 
having expired or been repealed, has remained and is in force ; and under its 
provisions and those of §4325, all moneys arising from the sale of estray animals 
and property taken up adrift, " so soon as the same shall have vested absolutely 
in any county," become a part of the common school fund of the State. — Board 
V. State, 92 Ind. 353. 

6. Eecovery of deductions. The statute of limitations of 1582 does not bar 
a recovery against a county for misappropriation of funds donated by the Constitu- 
tion and laws exclusively to tuition in the common schools ; and the appropriation 
of any part of it to the payment of officers' fees for collecting or managing the 
funds is wholly unauthorized, and a violation of a trust which is not in the power 
of a county to deny. — State v. Board of Commissioners, 90 Ind. 359 ; Board of Com- 
raiasiouers v. State, lOS Ind. 497 ; Vanarsdall r, State, 65 Ind, 176, 184. 



14 SCHOOL LAW OF INDIAlfA. 

7. Fines. A line for contempt is as much a part of the school fund as any 
other fine. — Alexander v. State, 9 Ind. 337 ; Swift v. State, 63 Ind. 81. 

8. Escheat. The provisions of the Constitution with reference to escheats are not 
self-executing ; and money paid into the State Treasury for want of heirs under 
§2411 to §2415, E. S. 1881, does not escheat.— iliicAewer, Atty.-Gen. State v. Meyer, 
63 Ind. 33. 

9. Belongs to inhabitants. The school law does not conflict with the act 
of congress granting the sixteenth section in the several congressional townships in 
the State to the inhabitants of such townships for the use of schools. — Quick v. 
Springfield Township, 7 Ind. 636 ; State v. Springfield Township, 6 Ind. 83 ; Quick v. 
Whitewater Tov/nship, 7 Ind. 570 ; Daggett v. Bonewitz, 107 Ind. 276. 

10. Liquor license fees. Liquor license fees belong to the county, there to 
be wholly expended for tuition purposes, and not to the permanent common school 
fund of the State.— R. S. 1881, §5316 ; State v. Forkner, 70 Ind. 241 . 

11. Mandate. Mandate lies to compel the proper application of the funds. — 
State I'. Cooprider, 96 Ind. 279. 

12. State not liable to county. The State is not liable to a County Treas- 
urer for the collection of the revenue belonging to the school fund. — Michener, Atty.- 
Gen. 

13. Pkoperty found on dead bodies. The proceeds of effects found by the 
coroner on the bodies of dead persons do not belong to the common school fund, but 
go to the support of the common schools of the county, and an action to compel its 
proper application can not be prosecuted on the relation of the Attorney-General. — 
State V. Board of Commissioners, 85 Ind. 489. 

14. Lotteries. Lotteries in aid of schools, and gift exhibitions are illegal. — 
Whitney v. State, 10 Ind. 404. 

15. Tax penalty. The provision of the tax law (R. S. 1881, §6339) inflicting 
a penalty for a false tax list, and turning the penalty into the county treasury for 
the use of the county, instead of for the school fund, is constitutional. — Burgh v. 
State, 108 Ind. 132. 

4326. Counties liable. The several counties of this State 
shall be held liable for the preservation of so much of said fund as is 
intrusted or may have been intrusted to them, and for the payment of 
the annual interest thereon, at the rate established by law, the payment 
of which interest shall be full and complete every year, and shall so 
appear in the Auditor's report to the Superintendent of Public Instruc- 
tion ; and the said Superintendent shall, at any time, when he discovers, 
from the rej)ort, or otherwise, that there is a deficit in the amount col- 
lected, for want of prompt collection, or otherwise, direct the attention 
of the Board of County Commissioners and the County Auditor to the 
fact, and said Board of Commissioners are hereby authorized and required 
to provide for such deficit in their respective counties. (3) 

1. Interest. This section is designed to carry out the requirements of the 
Constitution (§187). The interest on the school funds is at the rate of six per 
cent.— §4369. 

2. Deficits made up. The Board of County Commissioners is required to 



8CH00]. LAW OF INDIANA. 15 

make up losses to both tlie principal and interest of the funds, at their June meet- 
ing (§4399), by authorizing the Auditor to draw a warrant for the amount of the 
deficit upon the general fund of the county in favor of the particular school fund 
found deficient, and upon failure of the board so to act, they become liable to an 
action in the name of the State upon the relation of the Superintendent of Public 
Instruction, who may notify the proper prosecuting attorney to bring such action. 

3. Attorney-General as relator. When suit is brought by the State to 
recover any part of its common school fund, the Attorney-General is a proper 
officer to bring such suit, and is a proper relator therein. — Board v. State, 92 Ind. 
353. 

4. Attorney's fees. A county may, and it is its duty, employ an attorney 
to protect the school fund ; but it can not pay him out of that fund ; it must pay him 
out of the general county fund. — Board of Com. v. State, IIG Ind. 329. 

5. County liable. The school fund is entrusted to the county, and it is 
charged with the amount it receives; if loss occurs the county has to make that loss 
good; and if the money is not loaned the county is chargeable with the interest 
thereon, and must pay it ; when this is done the obligation of the county has been 
fully met. It never was the intention of the framers of the constitution that the 
school fund should be enhanced at the expense of the county, but simply that the 
fund should be preserved intact, and the interest annually paid.— Board of Com. 
V. State, 122 Ind. 333. 

4327. Account of fund. The County Auditors of the 
several counties of this State shall, immediately upon the taking effect 
of this act, open an account upon their books with each of the congres- 
sional townships of their respective counties whose funds are managed 
by them, and transfer to such account, from the common school fund 
account, the principal of the congressional township fund, as it existed 
before its consolidation with the common school fund, and shall thereafter 
keep a separate account of the principal and interest of the congressional 
township fund of each township. (151) 

1. Separation of funds. This section requires the separation of the con- 
gressional township fund from the common school fund, with which it had been con- 
solidated by the school law of 1852, in accordance with the constitution (§183). 
But the courts have held that the proceeds of the sale of the school sections could not 
be diverted from the use of the inhabitants of the congressional townships, to whom 
they had been granted by the United States. — State v. Springfield Tp., 6 Ind. 83 ; 
same, 22 How. U. S. 56 ; Quick v. Whitewater Tp., 7 Ind. 570 ; Quick r. Springfield 
Tp., id. 636. 

2. Proceeds op lands. When the school sections have been sold the pro- 
ceeds of the sale are managed by the county auditor, and the interest thereon dis- 
tributed by him through the county treasury to the proper school trustees. — Davis 
V. State, 44 Ind. 38; same, 94 U. S. 792. 

[1873, p. 79. Approved and in force March 7, 1873.] 

4328. Custody of lands— Report of income. The 

custody and care of all lands belonging to the congressional township 
fund shall be with the Trustee of the civil township in which the same 



\^.^. 



1(! ^SCHOOL LAW OP Iisn)iANA. 

shall be situated ; who shall report, aunually, to the Auditor, by the 
fourth Monday in March, the annual income derived therefrom, to the 
township. And the report shall embrace a fully itemized statement of 
his rent account of such lands ; to whom and for what amount the same 
was rented to each tenant ; and whether the rents have been collected 
or not ; and if any portion has not been collected, he should state fully 
the reasons why the same has not been collected. Any Trustee who has 
heretofore failed and neglected to so report shall embrace in his first 
report such itemized statement and showang for each preceding year not 
so reported, whether by himself or his predecessors ; and the amount of 
school funds for any year, to which such township might otherwise be 
entitled, shall be withheld, and not paid over to such Trustee, if the 
rental value of such lands for such terms shall equal or exceed the 
township' s otherwise portion of the school fund ; and it shall be the 
duty of such Trustee to pay into the county treasury all rents collected 
and reported by him as aforesaid. (44) 

1. Kents DISTRIBUTED. The rents of scliool lands shall be paid into the county 
treasury, to be distributed by the Auditor together with, and in the same manner as, 
the interest on the congressional township fund. And a Township Trustee who fails 
to pay the rents into the county treasury, as therein required, is, with his county, 
liable on his bond for the amount, with ten per cent, damages, in a suit in the name 
of the State on relation of the Board of Commissioners. — Davis v. State, 44 Ind. 38. 

2. Must be paid in full. The Trustee can not withhold a balance of rent 
on hand at the date of settlement, to be expended in repairs during the ensuing 
year. — BiisJdrk, Att'y- Gen. 

3. The equalization of revenue among townships by taking into considera- 
tion congressional township revenue, is constitutional. — §4486 — Note 1. 

4. Judicial notice. Courts will not take judicial notice what lands were sub- 
stituted for the sixteenth section, when that section has been sold and other lands 
substituted for it. It must be shown that such substituted lands were actually selected 
by the Secretary of the Treasury, as required by the statute of the United States. 
—Peck V. L., N. A. & C. K. K. Co., 101 Ind. 766; Daggett v. Bonewitz, 107 Ind. 276. 

[1865, p. 3. Approved and in force Marcii 6, 1865.] 

4329. Leasing' lands. He shall have power, when directed 
so to do by a vote, or by the written direction of a majority of the voters 
of the congressional township to which the same belongs, to lease such 
lands for any term not exceeding seven years, reserving rents, payable 
in money, property, or improvements upon the land, as may be directed 
by a majority of such voters. (45) 

1. Voters. The voters here intended are such persons as are entitled to vote 
at general and township elections, as defined in the Constitution (R. S. 1881, ^84). 
As the law does not provide how such vote shall be taken, a petition is the better 
mode of procedure. If signed by a majority of the voters of the township the 
Trustee is bound to comply with it. See 27 K E. Rep. 439, 



%^^M 



SCHOOL LAW OF INDtANA, 17 

4330. Divided school section. When the sixteenth 
section, or the section which may be granted in lieu thereof, shall be di- 
vided by a county or civil township line, or where the substituted section 
lies in any other county in the State, the voters of the congressional 
township to which the same belongs shall designate, by vote or by the 
written direction of a majority, the Trustee of one of the civil townships 
including a part of said section, to have the care and custody of said 
section, and to carry out the directions of the voters of the township in 
relation thereto ; and the Trustee so designated shall have the same 
powers and perform the same duties as if the entire section was situated 
within the limits of the civil township, and receive from the County 
Treasurer the revenue derived from funds accrued from said sale. (46) 

4331. Boundaries of townships. The County Com- 
missioners of each county are required to conform the boundary of their 
civil townships to those of congressional townships, so far as it is prac- 
ticable to do so. (148) 

1. The County Commissioners have full power to determine the boundaries of 
civil townships.— E. S. 1881, 'i 5987. 

[1877 S., p. 66. Approved and in force March 12, 1877.] 

4332. School township, when county lines 

divide. Where county lines divide a congressional township, the 
proper officer in the county in which the congressional school lands 
are situated, or would be situated if unsold, shall control such lands and 
the funds arising therefrom, as in this act is provided. (1) 

1. These six sections (4332-4337) provide for the transfer from one county to 
another of the principal of the fund belonging to congressional townships divided 
by county lines, so that the share of each part of such township may be controlled 
and managed by the Auditor of the county in which such part lies. This transfer 
of the fund is intended to put an end to the sytem by which an Auditor of one 
county is obliged semi-annually to apportion congressional township revenue be- 
tween the parts of townships lying in his own and other counties, as provided for 
by § 4432 and 4480, and which proved very unsatisfactory in its working. — -Hol- 
combe, Supt. 

4333. Auditor's statement as to children. When 

the enumeration is made of children, under the school laws, the Auditor 
of each county shall furnish to the Auditor of the other a statement 
showing the number of children in each congressional township ; and to 
enable him to do this correctly, the person or officer making the enumer- 
ation shall correctly state the number of children in the congressional 
township so divided by county lines. (2) 
1. See? 4472. 

2~ScH. Law. 



18 SCHOOL LAW OF INDIANA. 

4334. Auditor's duty. The Auditor of the county having 
control of the fund shall open an account with the other county as to 
each congressional township, and credit said other county with all money 
on hand, all securities for lands sold, and, if any lands be unsold, with 
the proceeds when sold; and, from time to time, as money comes 'in, 
shall credit such county with such money — that is to say, shall divide 
such money pro rata on the basis of such enumeration, and enter the 
- credit; and shall pay over such money, be it little or much, to the 
Treasurer of such other county, file his receipt with the Auditor, and 
take a quietus ; and so continue until the whole portion due such other 
county is paid over. Such payments shall be made quarterly, to corre- 
spond with the fiscal year. (3) 

1. Eecommendation^. It is recommended that no payments be made between 
May 1st and July 1st, thus allowing the Auditois of counties to receive all remit- 
tances in time to include them in the June reports of the Auditors and Commission- 
ers to the Superintendent of Public Instruction. — Holcombe, Superintendent. 

4335. Account and distribution. Sucli Auditor of 

the county controlling such lands and fund shall also open an account with 
such lands and with the township in his own county divided by county 
line, and shall debit and credit such accounts as he receives money or 
securities from sales or collections from lands forfeited and re-sold, and all 
expenses in full and regular order of entry and accounting, so he can 
tell, at any time, the condition of the lands, funds and securities. He 
shall collect in, as fast as possible, all moneys outstanding, make proper 
distribution as per enumeration, and credit the proper account in said 
county, and continue to pay over to the other county, as above provided, 
until each county has its proper proportion of said funds. (4) 

4336. Duties of the other Auditor. The Auditor of 

such other county shall open an account w^ith the proper township in his 
county, and credit such fund as fast as received ; and, when in sufficient 
amount, shall loan the same as now required by law. Both Auditors 
shall make a statement of the condition of the fund annually, at the 
end of the proper fiscal year, and file one copy with the Superintendent 
of Public Instruction, lay one before the County Conunissioners (which 
latter shall be spread upon their record), and both shall be sworn to by 
the Auditor. (5) 

4337. Account— Re-adjustment. The process con- 
templated by this act shall continue so long as any lands remain unsold, 
or any securities are uncollected, and until each county shall have be- 
come possessed of its proper share of such fund in money, when the ac- 
counts here required to be kept shall be closed and reported as aforesaid : 
Provided, That in the year 1890, and every two years thereafter, there 



SCHOOL LAW OF INDIANA. . 19 

shall be a re-adjustment of said fund belonging to such Congressional 
township, upon the basis of the number of children enumerated in each 
part of such Congressional township, as hereinbefore provided ; and the 
Auditor having a surplus of such fund, according to such basis, shall 
pay to the Treasurer of the county interested the amount of money due 
said county upon the jjer capita basis then existing. For the services 
here provided for, the Auditor shall be allowed the same fees for records, 
certificates and other labor, as is allowed by law for other similar ser- 
vices. (6) 

1. Explanation. The process contemplated by the foregoing sections (44o2- 
4337) began in 1877 and will probably be completed by 1800, when those sections 
will become obsolete and the provisions of this section will come into effect. — Hol- 
coiiibe, Supt. 

2. The Auditor's fees must be paid out of the general fund of the county. — 
g 4325, note 3. 

[1367, p. 3. Approved and in force March 6, 1865.] 

4338. Power of Trustee. The proper Trustee shall have 
all the rights a.nd pov/ers of a landlord, in his ofhcial name, in coercing 
fulfillment of contracts relating to such lands, and preventing waste or 
damage, or for the recovery of the same when committed. (47) 

4339. Sale of school lands. At any time when five 
voters of any Congressional township shall, by petition to the Trustee 
having charge of the school lands belonging to such township, set forth 
their desire for the sale of all or any part of the school land, the Trustee 
shall give public notice, in five public places in such township, of the 
time and place in such township when and where a balloting will be had 
to determine whether the lands shall be sold as petitioned for or not ; which 
notice shall be given at least twenty days before the time specified 
therein. (48) 

1. VoTEKS. The voters here referred to are such as are entitled to vote at gen- 
eral and township elections, by the Constitution (R. S. 1881, ?84). See §4366. 

2. When petition necessary. A petition is only necessary where land is 
sold the first time, and is not necessary where it is sold to recover the purchase- 
money. — McPheters v. Wright, 110 Ind. 519. 

3. Public ditch. Congressional township land can not be assessed for the con- 
struction of a public ditch. 126 Ind. 261. 

4340. Proceedings to sell. A copy of such petition shall 
be entered on the book containing the record of the proceedings of such 
Trustee ; and his action thereon shall, also, be recorded. (49) 

4341 . Ballots. If a voter favor the sale of such lands, he shall 
write on his ballot the word ' ' sale ; " if he opposes the sale, he shall 

write the words "No sale." (50) 



20 SCHOOL LAAV OF INDIANA. 

4342. Results of election. No gale shall be allowed un- 
less a majority of all the votes cast at such election shall be in favor of 
such sale; nor unless the number of votes constituting such majority 
shall exceed fifteen. (51) 

4343. Certificate of vote. The Trustee shall attend at 
the time and place specified, and shall make out a certificate showing the 
number of votes given for and against the sale ; which shall be signed by 
him and filed in his ofiice ; and he shall enter the same upon his rec- 
ord-book. (52) 

4344. Trustee's duty. Said Trustee, if satisfied that aiiia- 
jority of ail, and more than fifteen, voters have voted for such sale, shall 
enter the same on his record-book, and proceed — 

First. To divide the lands, so' voted to be sold, into such lots as will 
secure the best price. 

Second. To aflix a minimum price to each lot, not less than one dollar 
and twenty-five cents per acre, below which it shall not be sold. 

Third. To certify such division and appraisement to the proper 
County Auditor, together with a copy of all his proceedings in relation 
to the sale of said lands. (53) 

1. Ke-sale of Land. Land having been sold at the minimum pi-ice, and for- 
feited to the township by failure of purchaser to make deferred payments, vests ab- 
solutely in the township, and a re-sale of it must be governed by all the require- 
ments of this section. — Woollen, Atfy-Gen. 

2. But any excess above the amount owing under the first appraisement and 
sale shall be paid to the first purchaser or his representatives. — H347. 

4345. Order and conduct of sale— Fee. Such cer- 
tificate and return shall, by such Auditor, be laid before the Board of 
County Commissioners, at their first meeting thereafter ; and said Board, 
if satisfied that the requirements of the law have been substantially 
complied with, shall direct such lands to be sold ; which sale shall be con- 
ducted as follows : 

First. It shall be made by the Auditor and Treasurer. 

Second. Four weeks' notice of the same shall be given, by posting no- 
tices thereof in three public places of the township where the land is situ- 
ated, and at the court-house door, and by publication in a newspaper 
printed in said county, if any — otherwise, in a newspaper of any county 
in the State situated nearest thereto. The sale shall be made by the 
Auditor, at public auction, at the door of the court-house of the county in 
which the land is situated, and the Treasurer shall take an account 
thereof; and each of said officers, for making such sale, shall receive 
a fee of one dollar, to be paid by the purchaser. (54) 



SCHOOL LAW OF INDIANA. 21 

1. BoABD MUST ACT. If the law has been complied with tlic Board may be 
compelled by writ of mandate to order the sale. The order may be made at a 
special session. The land can not be sold below the appraised value, of which the 
purchaser must take notice. 

2. Public sale. The sale must be made at the door of the court-house of tlie 
proper county, at public auction. A private sale is illegal.— McPheters v. Wright, 
110 Ind. 519. 

[1875, p. 131. Approved and in force March 9, 1875.] 

4346. Terms of sale— Timber. One-fourth of the pur- 
chase-money shall be paid in hand and the interest for the residue for one 
year in advance, and the residue in ten years from such sale, with like 
interest annually in advance ; and deferred payments shall be regarded 
as a part of the congressional township school fund, and reported as 
such by the Auditor to the Superintendent of Public Instruction : 
Provided, That when one-fourth part or more of the value of the lands so- 
sold, at the time of such sale, shall consist of the timber growing thereon , 
the terms of sale in such case may be as follows, viz: At least one- 
half of the purchase-money cash in hand, and interest for the residue for 
one year in advance, and the residue in annual payments in not exceed- 
ing ten years from such sale, with like interest annually in advance ; and 
in such case the terms of sale shall be set forth in the notice provided 
for in the preceding section : And lyrovided further, That whenever the 
purchaser of any such land shall be proceeding to cut or remove, or 
threaten to cut or remove, from such lands, so sold, timber growing or 
being thei'eon, to such an extent that the land, after the cutting or re- 
moval of such timber, shall not be equal in value to the amount of pur- 
chase-money, with interest then remaining unpaid, it shall be the duty of 
the Trustee of the civil township in which such land is situated (and he is 
hereby authorized and empowered) to commence and maintain an action, 
in the name of such township, in the Circuit Court of the county, to re- 
strain and enjoin the further cutting or removal of such timber. (55) 

1. Interest — Cash sales. Interest on deferred payments must be at the rate 
of six per cent. — g4369. But sales may be made for cash. — g4359. Not so in case 
of lands forfeited to the school fund. — §4393, Note 1. 

2. Injunction. It is the duty of the Prosecuting Attorney to bring the suit of 
injunction, at the instance of the Trustee. — Baldwin, Atty-Gen. 

3. County liable for interest. The county is chargeable with interest on the 
entire amount of the price of the land, and the default of a purchaser of the land in 
paying deferred installments, and its consequent forfeiture of the land to the school 
fund, does not relieve the county of liability for interest on the full amount. — Board 
of Commissioners v. State, 120 Ind. 442. 

4. Bate op interest. The rate of interest on deferred payments for the lands 
sold prior to the act of March 2, 1889, (§4369), is eight peif cent— Michener, Atty-Gen,, 



22 SCHOOL LAW OF INDIANA. 

[1865, p. 3. Approved and in force March 6, 1865.]' 

4347. Forfeiture— Re-sale. On failure to pay such an- 
nual interest when it becomes due, the contract shall become forfeited, 
and the land shall immediately revert to the township ; and the Auditor 
and Treasurer shall proceed, forthwith, again to sell the same, in like 
manner and on the terms above specified. If, on such second sale, such 
land shall produce more than sufficient to pay the sum owing therefor, 
with interest and costs and five per cent, damages, the residue shall, when 
collected, be paid over to the purchaser or his legal representative. 
(56) 

1. See H344 and 4394. 

2. Damages. The damages mentioned here and in §4390 and 4392 belong to 
the fund from which the loan was made. — Baldwin, Atty-Gen. 

3. Overplus. A purchaser who forfeits his land by a failure to pay the 
annual interest on the unpaid purchase-money, is not entitled to any overplus 
which may result on a subsequent sale of the land by the State. — Michener, Atty-Gen. 

4. Effect op forfeiture — Surplus. A forfeiture under this section does not 
divert the title of the purchaser to the real estate, but simply authorizes the State to 
sell the real estate for its own reimbursement, the surplus going to the purchaser.— 
McPheters i-. Wright, 124 Ind. 560. 

5. Eedemftion. a purchaser of school lands having made default in the pay- 
ment of interest on the purchase, the lands were resold. By the law in force at the 
time of the purchase, a defaulting purchaser had a right to redeem within one year 
after the sale ; by that in force at the time of the sale, and at the time of the default, 
a delinquent purchaser could redeem at any time before the sale, but not after. It 
was decided that the right to redeem was governed by the latter law. — Moore t. Sea- 
ton, 31 Ind. 11. 

4348. Forfeiture, how prevented. At any time before 

the sale, payment of the interest due and all costs, together with two 
per centum damages on the principal sum and interest due and owing for 
said land, shall prevent such sale, and revive the original contract. 
(57) 

4349. Forfeiture— Liability for waste. In case of 

such forfeiture, the original purchaser may be sued for waste or unneces- 
sary injury done to such land. (58) 

4350. Suit for waste. Such suit shall be prosecuted by 
the Auditor, iu the name of the State, for the use of the proper con- 
gressional township. (59) 

435 1 . Private sale. When any land offered for sale at public 
auction shall remain unsold, the County Auditor may dispose of the same 
at private sale for the best price that can be had therefor, not being less 
than the minimum price affixed thereto. (60) 

1. When sale authorized. This section authorizes a private sale only where 
the land has been offered for sale at public auction and remains unsold, — McPheters 
V. Wright, 110 Ind. 519. 



SCHOOL LAW OF INDIANA. Z6 

4352. Re-appraisement. After the expiration of the 
term of four years after any appraisement and offer for sale of any lands 
in this State belonging to any township for school purposes, and such 
lands remain unsold, it shall be lawful to re-appraise, sell and dispose of 
said lands in the same manner that they would have been, had such lands 
not been previously offered for sale : Provided, however. That such ap- 
praised value shall not be below the minimum price now fixed by law. 
(61) 

4353. Certificate of purchase. A certified statement 
of such sale shall be made and signed by the Auditor, and, being first re- 
corded by such Auditor in the record of the Board of County Commis- 
sioners, shall be delivered to the purchaser when he makes his first pay- 
ment, and shall entitle him to a deed when the terms of such purchase 
shall have been fully complied with. (62) 

1. Judgment, no lien. A judgment is no lien on land held by a certificate 
issued under this section. — .Jeffries v. Sherburn, 21 Ind. 112. 

4354. Rights of purchaser. Every purchaser, until for- 
feiture, shall be entitled to all the rights of possession before existing in 
such Trustee or township, and to all rights and remedies for rents be- 
coming due or breaches of covenant occurring after his purchase under 
any lease existing at the time of his purchase, and for all waste commit- 
ted thereafter. (63) 

4355. Failure to make first payment— Penalty. 

A purchaser at such sale failing to make the first payment as above re- 
quired shall pay ten per centum on the sum bid, to be recovered by 
action before any Court having jurisdiction, to be prosecuted by the 
County Auditor in the name of the State for the use of the proper town- 
ship ; and the Auditor and Treasurer shall be competent witnesses. 
(64) 

4356. AssigfnmentS. No assignment of a certificate shall 
be valid unless acknowledged before some officer authorized to take ac- 
knowledgments of deeds, or before the County Auditor, who shall, in ail 
such cases, record the same. Assignments of certificates heretofore made 
before any officer authorized to take acknowledgments of deeds, when re- 
corded, shall be as valid as if acknowledged before the County Auditor. 
(65) 

[1863, p. 11. Approved February 27, 1863, and in force October 10, 1863.] 

4357. Defective assignments — Proceedings. 

Whenever the certificate of the School Commissioner or Auditor of any 
county of this State, issued for land sold, has been assigned by any 
person without a proper acknowledgment before the County Auditor or 



24 SCHOOL LAW OF INDIANA. 

Other proper officer, or assigned by delivery, and such assignor is de- 
ceased, any assignee of such certificate, claiming title to the land de- 
scribed therein, may file his complaint in the proper Circuit Court, mak- 
ing the County Auditor and the heirs of such deceased assignor parties 
thereto. If it shall be proved to the satisfaction of the Court, that the 
plaintifli" or any party to the cause is the equitable owner of the land, and 
the purchase-money has been fully paid to the school fund, the Court shall 
direct the Auditor to execute a proper conveyance to the plaintiff or other 
parties entitled thereto, although the certificate has not been properly as- 
signed or the assignment thereof properly acknowledged by the decedent. 
All other persons claiming any interest in the land may, on their appli- 
cation, be made parties and heard in the case. The Auditor shall ex- 
ecute a conveyance, according to the directions of the Court ; and such 
conveyance shall vest in the grantee the title of said land as fully and to 
all intents and purposes as if the certificate had been legally assigned 
and the assignment properly acknowledged. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4358. Loan of purchase-money. When the residue 

of the purchase-money becomes due, the purchaser may retain the same 
as a loan for a term not exceeding three years, on payment, annually 
made in advance, of the interest thereon, at the rate then established by 
law for the loans of such funds ; but he shall receive no deed until full 
payment is made. (66) 

4359. Payments. Purchasers may, at any time before due, 
pay a part or the whole of such purchase-money. (67) 

4360. Lost certificate. When any such certificate shall be 
lost before a deed be made, on proof thereof by affidavit of the person 
interested, or other competent testimony, to be filed with the County 
Auditor, and after three months' notice of intention to apply for a new 
certificate, given in some newspaper printed nearest to where the land 
lies, such Auditor may issue the same to the person entitled thereto. 
(68) 

1. If a certificate is lost, a new one may be issued to the purchaser, even to a 
grantee of the purchaser.— Hinkle ;;. Morgerum, 50 Ind. 240, 244. 

4361. Purchase-money, where paid. The purchase- 
money and interest, and all costs and damages above provided for, shall 
be paid to the Treasurer of the proper county, and his receipt thei-efor 
filed, by the person paying, with the County Auditor, who shall issue his 
quietus therefor. (69) 



SCHOOL LAW OF INDIANA. 25 

4362. Duty of Auditor. When such payment is in com- 
pletion of any contract of sale, the amount of such receipt shall be in- 
dorsed by the County Auditor on the certificate of purchase. (70) 

4-363. Deed. On full payment for such land, a deed shall be 
issued by the County Auditor, and entered upon the record-book of the 
Board of County Commissioners. (71) 

[1877, p. 139. Approved and in force February 8, 1877.] 

4364. Sale — Legalization. In all cases where school lands 
have been sold and certificate has either been issued to the purchaser or 
entered of record in the proper oflfice, or otherwise, so the purchaser en- 
tered into possession and paid part of the whole of the purchase-money, 
or could have entered into occupancy, such sale shall be deemed and 
held a sale under the law, as much as it would be had a deed been made 
and delivered and the fee had been passed to the purchaser ; and such 
lands shall be deemed and held as having been sold, so as to make them 
liable to taxation, within the meaning of the law, as fully and com- 
pletely as they would have been had a deed been delivered. All ap- 
praisements of lands so sold, and all assessments of the same for taxes, 
and all levies and collections of taxes thereon, heretofore made, are 
hereby legalized and declared to be lawful and valid, and shall in nowise 
be subject to question by reason of such sale not having been consum- 
mated by execution and delivery of deed. (1) 

1. See E. S. 1881, ?6519. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4365. Title, when complete. Such deed shall be ex- 
ecuted and acknowledged, at the cost of the grantee, by the County Au- 
ditor, as in other cases; and, thus executed and delivered, shall vest in 
the grantee, his heirs and assigns, forever, a complete title to the land. 

(72) 

4366. Sale had without vote. The voters of any con. 
gressional township may, in the absence of a vote to sell land, and in 
lieu thereof, petition the Trustee of the township for such sale. Such 
jDctition, if signed by a majority of all the voters of the township, shall 
be filed with the County Auditor, and the same proceeding shall be had 
as provided in section fifty-four [§4345], upon a vote of the inhabitants 
of the township for such sale. Such petition and certificate shall be re- 
corded in the record-book of the Trustee of the township and of the 
County Auditor of the investment of funds held for the benefit of com- 
mon schools and congressional townships. (73) 

1. See ?4329, note 1. After a petition has been recorded, signers thereof can not 
withdraw their names in order to defeat the sale, 



26 SCHOOL LAW OF INDIANA, 

4367. Compensation on failure of title. When 

any officer authorized to sell school lands shall have sold any lands with- 
out a title thereto, such officer, or his successor in office may convey such 
other lands of equal value as may be agreed upon by such officer and the 
purchaser, his heirs or assigns ; or, failing to make such agreement, the 
purchase-money, with interest, shall be repaid to the purchaser, his 
heirs, executors, administrators or assigns ; but no such purchase-money 
shall be thus repaid until the proper Prosecuting or District Attorney 
shall have investigated the facts of the case and certified to the correct- 
ness of the claim. (150) 

1. The sale of school lands in unauthorized subdivisions, made prior to March 
3, 1855, was legalized by an act of 1855 (p. 144). 

2. The rate of interest in such case is six per cent. — §4369. 

3. This section does not apply to title of lands mortgaged to school fund and 
sold by the Auditor. — §4383, note 4. 

[1855, p. 49. Approved March 1, 1855, and in force August 17, 1855.J 

4368. Lands of surplus revenue fund, how sold. 

Where the surplus revenue fund belonging to common schools, in any 
county in this State, or any jjart of such fund, has by any means become 
invested or changed into real estate, the Board of Commissioners of such 
county are hereby authorized to dispose of the same, by sale, in such 
manner as may seem best for the interest of the common school fund, 
and to I'e-invest the proceeds of such sale in the manner directed by law 
for the investment of other moneys belonging to the common school 
fund. (1.) 

1. Note. This section is probably obsolete since the consolidation of the school 
funds. 

[1889, p. 81. Approved and in force March 2, 1889.] 

4369. Loans of fund— Interest. The principal of all 

moneys, whether belonging to the common school fund or to the con. 
gressional township school fund, received into the County Treasury, 
shall be loaned at six per cent, per annum, payable annually in advance, 
and the interest paid out as prescribed by the school law of this State, 
and not otherwise; and any judgment upon any note or mortgage for 
any part of said fund shall bear six per cent, interest from the date 
thereof till the same is paid. (1) 

1. Repeal. This section repeals the old seventy-fourth section of the school 
law, although it makes no reference to it, being an independent act. It has a re- 
pealing section attached to it, in the following words, viz : All laws or parts of laws 
in conflict with this act are hereby repealed. Acts 1889, p. 81. 

2. Rebate. An agreement to rebate a portion of the interest out of the county 
revenue is without authority of law and of no effect. — Michener, Atty-Gen. 



SCHOOL LAW OF INDIANA. 2*7 

3. Judgment. Judgiuent rendered on school fund mortgages prior to the tak- 
ing effect of thii> section as amended bear eight per cent, interest. — Michcner, Atty- 
Gen. 

4. Prior sale of congressional lands. The rate of interest on deferred pay- 
ments for congressional township school lands sold prior to March 2, 1889, is eight 
per cent. — Michener, Atty-Gen. 

[1883, p. 75. Approved and in force March 3, 1883.] . 

4369 a. Advertisement of funds. Whenever, in any 
county of the State of Indiana, the school fund or part of the school 
fund, apportioned to such couniy to be loaned out, remains unloaned, it 
shall he the duty of the Auditor of said county to advertise, in the 
months of January, April, July and October, for three consecutive 
weeks, in a weekly newspaper published in said county, that such amount 
of the school fund remains unloaned, and tliat applicants for loans can 
secure the same by applying at his office and fulfilling the requirements 
of the law under which he is authorized to loan out the school fund. 
(1.) 

[Acts 1865, p. 3. Approved and in force March 6, 1865.] 

4870. Auditor's duty. Such loans shall be made by the 
County Auditor, who shall inform himself of the value of the real 
estate offered in the mortgage and be eatisfied of the validity of the 
title thereof; and all person!? applying for a loan shall produce to said 
Auditor title-papers, showing to his satisfaction, a good and sufficient 
title in fee-simple, without incumbrance, [and] not derived from sale 
for taxes. (75) 

1. Prior mortgage. The existence of an incumbrance to the knowledge of the 
Auditor does not invalidate the mortgage as against the borrower. — Deming v. State. 
23 Ind. 416. 

2. Personal security. A loan on personal security only, without a mort- 
gage, though a violation of the Auditor's duty, is nevertheless binding upon the bor- 
rower and the surety. — Scotten v. State, 51 Ind. 52. 

3. Loan to himself unlawful. A mortgage executed by a County Auditor 
to secure a loan of a part of the common school fund made to himself is valid or in; 
valid at the option of those having the supervisory control of the fund. The loan 
is unlawful as against public policy, and is a breach of the Auditor's official bond- 
but the mortgage may, both to the Auditor and those claiming under him, be re- 
sorted to and enforced as a means of reimbursing the fund, looking to the Auditor 
and his sureties for any deficiency that may remain after the mortgaged land has 
been exhausted. — State v. Levi, 99 Ind. 77. See also Stockwell v. State, 101 Ind. 1 ; 
State V. Greene, 101 Ind. 532, and Ware v. Ware, 74 Ind. 181. 

4371. Appraisement. The Auditor shall require three dis- 
interested freeholders of the neighborhood to appraise any land offered 
in mortgage. (76) 



28 SCHOOL LAW OF INDIANA. 

4372. Duty of appraisers. Sucli appraisers, being first 
officially sworn, shall examine and appraise such land, and sign and give 
to the applicant a certificate, setting forth the fair cash value of the land 
at the time, without taking into consideration perishable improvements. 

(77) 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

4373. Loans outside of county. In making such loans 
preference shall be given to the inhabitants of the county : Provided, 
That whenever any of such funds shall have remained in the treasury of 
any county to which the same may belong for a period of three months, 
without being loaned to any inhabitant of said county, then the Auditor 
of said county may loan the same to any freeholder of any other county 
in Indiana upon his complying with the law regulating such loans.- 
When the land received as security for any such loan is situated in any 
county of the State other than the one in which the loan is made, and 
there is default in the payment of interest or principal, the Auditor of 
the county making the loan shall at once transmit to the Auditor of the 
county where the land is situated a certified copy of the note and mort- 
gage given for the loan, with a statement of such default in payment, 
and the Auditor of such latter county shall, upon such certified copy, at 
once proceed to enforce the collection of such loan either by suit or sale 
of the land, as is now provided by law ; and, after receiving such certi- 
fied copy by said Auditor, all steps taken, and all proceedings had, with 
reference to said loan or the land which was mortgaged shall be the same 
as if the loan had originally been made out of the funds belonging to 
said county ; and all money collected or realized upon such loan shall at 
once, as soon as collected or realized, be paid over to the Auditor of the 
county having made the loan. (78) 

1. Heretofore loans could not be made on property situated outside the county. 
Skelton v. Bliss, 7 Ind. 77. 

4374. Limit of loan. The amount loaned to any person 
shall not exceed two thousand dollars. (79) 

1. See also §4378. The limit previous to this act was one tliousand dollars. 
[1881, p. 99. Approved and in force April 14, 1881.] 

4375. Certificate as to liens. An applicant for a loan of 
a part of the common school fund or of the congressional township school 
fund shall file with the Auditor of the county the certificate of the Clerk 
and Recorder of the county, that there is no incumbrance on the land of- 
fered as a security for the loan in either of said offices : Provided, That 
where the records, books and papers of the Clerk's office have been de- 



SCHOOL LAW OF INDIANA. 29 

stroyed by fire, the Clerk's certificate shall only state the fact and date of 
such destruction, and that there is no incumbrance on said land appearing 
from any of the records, books and papers then on file in his ofiice, and 
that there is no incumbrance on said land in his office of which he has any 
knowledge. The applicant shall also, in such case, execute to the State 
of Indiana, for the benefit of the common school fund, a bond, with one 
or more freehold sureties to the approval of the Auditor, conditioned for 
the payment of so much of the loan as may be lost by reason of any in- 
cumbrance or lien upon the land which was evidenced by the records, 
books or papers in the Clerk's office which have been destroyed. (1) 

1. Gas or oiIj IjEASE. A lease of lands for the purpose of drilling oil or gas 
wells, or for the purpose of piping oil or gas, is an incumbrance on such lands 
within the meaning of this statute. — 3Iichener, Atty-Gen. 

2. Evidence. For the purpose of showing that the law was complied with in 
making a loan, the certificate of the Clerk and Kecorder, and the affidavit of the 
mortgagor, are competent evidence to show a compliance with this statute. Stock- 
well V. State, 101 Ind. 1. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4376. Oath of AppI i cant . Such applicant shall make oath 
that there is no incumbrance or better claim, that he knows of, and that 
the abstract of the title presented by him is, as he believes, a true one. 
(81) 

1. A failure to make the affidavit does not render the sale void. — Winstandley 
V. Crim, 117 Ind. 328. 

4377. Time of loan. No loan shall be made for a longer 
term than five years. (82) 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

4378. Limit of loan. The sum loaned shall not exceed one- 
half of the appraised value of the premises proposed to be mortgaged, 
clear of all perishable improvements : Provided, That where such premises 
are situated in a county other than that which such fund may belong, the 
sum loaned thereon shall not exceed one-fourth of the appraised value of 
such premises, exclusive of perishable improvements. Such value to be 
determined by existing laws of the State of Indiana. It is hereby made 
the duty of the Board of Commissioners of each county in this State, at 
their first regular session after the taking effect of this act, to appoint in 
each Commissioner's district of the county three reputable freeholders, 
any two of whom, without the concurrence of the third, may act as school 
fund appraisers, whose duty it shall be upon oath to make all the appraise- 
ments of lands in their respective districts, required in this act or in the 
act of which this is amendatory. Said appraisers, or any of them, may 



30 SCHOOL LAW OP INDIANA. 

be removed and new ones appointed by said Board at any regular or 
special session, and in case any of such appraisers is at any time disquali- 
iSed, by reason of kinship or interest, from acting, the appraisement shall 
be made by the other appraisers, who, in case of a disagreement, shall select 
a third appraiser. Said appraiser shall receive the same compensation 
for making each appraisement, and be paid in the same manner as such 
appraisers are now paid. (3) 
1. See also §4374. 

[1865, p. 3. Approved and in force March 6, 1865J 

4379. Acknovt/Iedgrments and oaths. The Auditor 

shall have the power to administer all oaths and take all acknowledg- 
ments required by this act. (84) 

4380. Record of mortgages—Priority. Mortgages 

taken for such loans shall be considered of record from the date thereof, 
and shall have priority of all mortgages or conveyances not previously 
recorded, and all other liens not previously incurred, in the county where 
the land lies. (85) 

1. Lien without record. A school fund mortgage is a lien upon the land as 
to subsequent purchasers without being recorded. — West v. Wright, 98 Ind. 335. 

2. Parties holding or claiming through the mortgagor in a school fund mortgage 
are bound to take notice of the mortgage, though not recorded. A school fund mort- 
gage is not void as to the State because the County Auditor has made the loan to 
himself. Such mortgage draws the same interest after foreclosure as before matur-- 
ity.— Stockwell v. State, 101 Ind. 1. 

3. Tax title subject to mortgage. The purchaser and grantee of real estate, 
under the tax deed, takes his title to such real estate under the provisions of E. S. 1881, 
§6479, and subject to all the claims which the State may have thereon for taxes, or 
other liens or incumbrances, such as a mortgage executed thereon to the State, as a 
security for the payment of a loan to the school fund, prior to such tax sale and 
the execution of such tax deed. This is sO, although the taxes for which the real 
estate was sold, had been assessed and delinquent before the execution of such 
school fund mortgage. — State v. Wasson, 95 Ind. 175. So a sale of lands for taxes 
which accrued after the execution of a school fund mortgage is subject to the mort- 
gage lien. — Stockwell v. State, 101 Ind. 1. Where a mortgage to secure a school 
fund loan is assumed by the purchasers of the real estate, the mortgagors to whom 
the loan was made do not, by a subsequent purchase of the real estate sold by the 
Auditor to satisfy the mortgage, take the property divested of liens for taxes asserted 
by the city in which the property is situated. — City of Logansport v. McConnell, 121 
Ind. 416. 

4381. Auditor's duty. The Auditor shall cause such mort- 
gages to be recorded immediately, retaining the cost of recording out of 
the money borrowed. (86) 

1. Acknowledgments. If the mortgage be recorded, not being acknowledged 
or proved as our general laws require to admit mortgages to record in the Eecorder's 



SCHOOL LAW OF INDIANA. 31 

office, such record is no notice to subsequent bona fide purchasers. But the act of 
1843 (nowi^4380) requires that such mortgages shall be deemed recorded from their 
date; and this is notice. — Deming v. State, 23 Ind. 416. 

4382. Fees. The following fees only shall be charged in cases 
of mortgage for loans : To each appraiser, fifty cents ; for recording 
mortgage, one dollar ; for drawing mortgage, one dollar ; for making 
borrower's affidavit, ten cents; for Clerk's certificate, fifty cents; for 
Recorder's certificate and examining title, each one dollar; which shall 
be paid by the borrower. (108) 

4383. Interest unpaid— Auditor's duty. On failure 

to pay any installment of interest when the same becomes due, the prin- 
cipal sum shall forthwith become due and payable, and the Auditor may 
proceed to collect the same by suit on the note, or by sale of the mort- 
gaged premises. He may also, by suit, recover the possession of the 
mortgaged premises before sale thereof; and he shall, on the fourth 
Monday in March, annually, offer for sale all mortgaged land on which 
payments of interest are due on the first day of January and unpaid on 
the day of sale. (87) 

1. Statute mandatory. In selling lands, the Auditor must strictly follow the 
requirements of the statutes upon the subject. Where sale is made to make a 
greater sum than is due, the sale is void ; and where the borrower has made a pay- 
ment of interest, and failed to file the Treasurer's receipt with the Auditor, it 
will not excuse the Auditor for selling to make a sum greater than is really due. — 
Key V. Ostrander, 29 Ind. 1 ; Arnold v. Gaff", 58 id. 543. The law in force at the 
time of sale, providing the method, notice, and other elements of remedy, governs the 
sale. — Webb v. Moore, 25 Ind. 4; Jones v. Hopkins, 26 id. 450 ; Moore v. Seaton, 31 
id. 11. 

2. Merger op mortgage. After obtaining judgment and foreclosure by suit, 
the mortgage is merged; the Auditor can not, then, sell under it, and such sale is a 
nullity. — Farris v. Cravens, 65 Ind. 262. 

3. No WARRANTY. The State does not warrant the title of lands sold on ac- 
count of the school funds. Officers should see that lands mortgaged to secure the 
school funds are properly described and unincumbered, but the purchaser at the 
mortgage sale takes whatever title he gets, and there is no law authorizing the re- 
funding of purchase money by the officers. — Woollen, Atty-Gen. 

4. Title ebom the State. The title of a purchaser from the State, after the 
State has acquired title upon a forfeiture against a school fund borrower and mort- 
gagee, takes precedence of any tax-deed or lien, whether State, city or county, for 
taxes that accrued subsequent to the school fund loan. — Baldioin, Atty-Oen. 

5. Can not release without payment. The Auditor of a "county has no 
authority to release a school mortgage unless the money is paid, and where a party 
is entitled by his contract to an unincumbered title, he is not compelled to accept a 
conveyance of land thus encumbered, though the Auditor has released the mortgage 
of record. — Conley v. Dibber, 91 Ind. 413. 

6. When Auditor may proceed. The Auditor may proceed, immediately 



32 SCHOOL LAW OF INDIANA. 

upon default in the payment of the principal or interest, to collect the entire mort- 
gage due, and he has no discretion in offering for sale, on the fourth Monday in 
March, all such lands in default on the first day of January. — A. G. Smith, Ally- 
Gen. 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

4383a. Collection on default. It shall be the duty of 

the Auditor of each county, in case default shall be or has been made in 
the payment of principal or interest of any school fund loan, to at once 
proceed to enforce the collection of such principal or interest, as the case 
may be ; and any Auditor who shall fail or refuse to comply with the re- 
quirements of this section shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined in any sum not exceeding one thousand 
dollars. (4) 

1. Auditor's duty. This section is properly supplemental to section 4383 and 
the two should be read and interpreted together. In explanation of ^4383, the At- 
toraey-General has given the following opinion : 

The statute (§4383.) provides that on failure to pay any installment of in- 
terest when the same becomes due, the principal sum shall forthwith become due 
and payable, and the Auditor may proceed to collect the same by suit on the note, 
or by sale of the mortgaged premises. He may also by suit recover the possession of 
the mortgaged premises before sale thereof, and he shall, on the fourth Monday in 
March, annually, offer for sale all mortgaged lands on which payments of interest 
ai-e due on the first day of January and unpaid on the day of sale. It was in- 
tended that the County Auditor should possess a speedy and summary remedy to 
enforce collection. If he was required to sell on the fourth Monday in March 
only, then in many instances the officer could not enforce collection for a year after 
the delinquency and defalcation. In many counties the officer has made sales 
under the statute at other times than the fourth Monday in March. In Cole r. 
Miller, 60 Ind. 463, the sale of the mortgaged land was made February 20, 1875, 
and the sale was sustained by the court. Every part of a statute should be so con- 
strued as to give it effect. It is my opinion, that on failure to pay any install- 
ment of interest when the same becomes due the County Auditor is authorized to 
sell the land at any time, after sufficient and proper notice. The duty imposed on 
him by statute "to offer for sale, on the fourth Monday in March, annually, all 
mortgaged lands on which payments of interest are due on the first day of January, 
and unpaid on the day of sale," is intended to be mandatory. He may sell at any 
time after defalcation by the creditor, and lawful notice thereof, but must offer for 
sale on the fourth Monday in March, annually, all mortgaged lands on which 
payments of interest are due on the first day of January and unpaid on the day of 
sale. — Hard, Atty-Gen. 

2. PENAI4TY. By this section the County Auditor is required, under penalty, 
to do what, according to the Attorney-General's opinion, he was authorized to do 
by section 4383, namely, to enforce collection of principal or interest of loans 
whenever default shall be made in the payment thereof, not waiting for the 
fourth Monday in March. But section 4383 is in force as to the manner of pro- 
cedure. The usual legal notice must, of course, be given. — Holcmnbe, Supt, 



SCHOOL LAW OF INDIANA. 33 

[1865, p. 3. Approved and in force March 6, 1865.] 

4384. Fund to be specified. The mortgage may be, in 
substance, as follows ; and the Auditor shall specify therein whether the 
same belongs to the common school fund or to the congressional township 
fund, and, if the latter, the particular township or townships whose 
funds are thus loaned. C88) 

1. The omission to state the particular fund does not render the mortgage void. 
See Benefiel v. Aughe, 93 Ind. 401, 407 ; and Ellis v. State, 2 Ind. 262. 

4385. Form of mortgagre. I, A. B., of the county of 
-, in the State of Indiana, do mortgage to the State of Indiana, for 



the use of [here describe the fund out of which the loan was "made] all 

[here describe the land], for the payment of dollars, with interest 

at the rate of eight per cent, per annum, payable annually in advance, 
according to the conditions of the note hereto annexed. (89) 

1. Wife's signature. In the form prescribed, there ia no mention of relin- 
quishment of dower, inasmuch as tenancies in dower are abolished. The wife, how- 
ever, is a prospective owner of the land held by the husband, and she should join 
him in signing the mortgage prescribed for securing loans from the school fund. — 
Larrabee, Supt. 

2. Assignment to subsequent mortgagee. Whenever a school fund mort- 
gage becomes collectible on account of failure to pay interest or any other failure 
on the part of the mortgageor, by which it becomes necessary to foreclose in order to 
recover the money, then such mortgage may be assigned to the holder of a sub- 
sequent mortgage upon payment of the amount due. — Woollen, Atty-Gen. 

3. Description. A description of land in a school fund mortgage as "the 
northeast part" of' a specified tract, "containing ninety acres," is insufficient, and 
an Auditor's sale made thereunder is invalid. — Burk 7;. Axt, 85 Ind. 512. If the 
mortgage does not contain a proper description of the land, such description may be 
corrected on a decree to foreclose the mortgage. — Noland r. State, 115 Ind. 529. 

4. Presumption. A deed or mortgage made in the form prescribed by the law 
of this State, and purporting to ht^ve been acknowledged in this State, between 
parties residing in the State; and containing nothing to indicate a contrary inten- 
tion, will be presumed by the courts to be of land in this State. Where both the 
county and State are omitted from the description of land embraced in a mortgage, 
but it appears on the face of the mortgage that it was executed by parties residing 
in a certain county for the purpose of securing a loan of school funds borrowed by 
the mortgagor through the Auditor of that county, it will be presumed, without 
more, that the land is there situated.— Mann v. State, 116 Ind. 383. Quave: Would 
this rule of presumption prevail now, since Auditors may lend outside of their 
counties? 

5. Cancelling mortgage. In an action to set aside and cancel a school fund 
mortgage, the County Auditor is not a proper defendant, and a judgment against 
such officer in such actions will not bind the State, it not being a party, and it is 
very doubtful if the State can even be thus sued. — Crooks r. Kennett, 111 Ind. 347; 
see Snodgrass v. Morris, 123 Ind. 425. 

3~ScH. Law. 



34 SCHOOL LAW OF INDIANA. 

4386. Form of note. The note accompanying the same 
may be in substance as follows, to-wit: I, A. B., promise to pay to the 
State of Indiana, for the use of [here recite the particular fund], on or 

before , the sum of dollars, with interest thereon at the 

rate of eight per cent, per annum in advance, commencing on the 

day of , 18— ; and do agree that, in case of failure to pay any in- 
stallment of interest when the same shall become due, the principal sum 
shall become due and payable, together with all arrears of interest ; and 
on failure to pay such principal or interest when due, two per cent, 
damages shall be collected, with costs, and the premises mortgaged may 
be sold by the (bounty Auditor for the payment of such principal sum, 
interest, damages and costs. (90) 

1. A mortgage executed to secure a note attached to it is binding, though the 
note is not signed ; and there is no error in allowing the note to be read in evidence, 
it being a part of the mortgage. — McFadden v. State, 82 Ind. 558. 

4387. Warrant to borrower. On making a loan of any 
fund, the Auditor shall draw his warrant in favor of the borrower upon 
the County Treasurer, who shall charge it to the proper fund. (91) 

4388. Payments — Quietus. All loans refunded and all 
interest shall be paid to the County Treasurer, and his receipt shall be 
filed with the County Auditor, who shall give the payer a quietus there- 
for, and make proper entries. (92) 

1. Note. The Auditor is bound to take notice of a payment to the Treasure i", 
wliether or not receipt has been filed with him. — Key i'. Ostrander, 29 Ind. 1. 

4389. Indorsements and satisfaction. Whenever 

the amount due on any mortgage shall be paid, and the Treasurer's re- 
ceipt therefor filed, the Auditor shall indorse on the note and mortgage 
that the same has been fully satisfied, and surrender -the same to the 
person entitled thereto ; and, on production of. the same thus indorsed, 
the Recorder shall enter satisfaction upon the record. (93) 

1. Entry of satisfaction. The County Recorder can enter satisfaction of a 
school fund mortgage before foreclosure only upon indorsement by the County Au- 
ditor that the same has been fully paid. — Stock well v. State, 101 Ind. 1. 

2. Eelease without payment, a release of a mortgage by the County Au- 
ditor without payment is invalid.— Conley v. Dibber, 91 Ind. 412. 

4390. Suit for deficiency. In all cases when the mort- 
gaged premises shall fail to sell for a sum sufficient to satisfy the prin- 
cipal and interest of the loan made, and the damages accrued by reason 
of such failure, and costs, the County Auditor shall bring suit on the 
notes executed by the mortgagor; and whenever judgment shall be 



SCHOOL LAW OF INDIANA. 35 

rendered thereon, no appraisement of property bhaii .be allowed on exe- 
cution issued on such judgment. (94) 

1. The REiiATOR. The County Auditor is the proper relator in a suit to re- 
cover school funds loaned. — Scotten v. State, 51 Ind. 52. 

2. Damages. See 'i 4347, note 2. 

3. When suit may be brought. See 2 4394, note 2. 

4391. Notice of sales. Before sale of mortgaged premises, 
the Auditor shall advertise the same in some newspaper printed in the 
county where the land lies, if any there be, (otherwise, in a paper in 
the State nearest thereto), for three weeks successively, and, also, by 
notice set up at the court-house door and at three public places in the 
township where the land lies. (95) 

1. Length of notice. The legislature may change the requisite length of 
notice even after the mortgage has been given. — Jones v. Hopkins, 26 Ind. 450. 

2. No compensation. The Auditor is not entitled to compensation for post- 
ing notices of sale. — The Board v. Leslie, 63 Ind. 492. 

3. Sale without notice. A sale without notice is not such new matter as 
will entitle the mortgagor to a new trial in an action brought to recover for a defi- 
ciency of the amount owed by him. — Peyton v. Kruger, 77 Ind. 486. 

4392. Manner of sale— Surplus. At such sale (which 

shall be held at the court-house door), the Auditor shall sell so much of 
the mortgaged premises, to the highest bidder, for cash, as will pay the 
amount due for principal, interest, damages and costs. When less than 
the whole tract mortgaged shall be sold, the quantity sold shall be taken 
in a square form, as nearly as possible, off the northwesterly corner of 
said tract ; and when less than the whole of any in-lot or out-lot of any 
town or city, shall be sold, the part sold shall be laid out and taken oft", 
so that it shall extend from the mS,in or principal street or alley on which 
the said lot fronts, to the rear thereof, to divide the same by a line as 
nearly parallel with the boundaries of said lot as practicable ; and if less 
than the whole is sold, the Auditor, in his notice of sale, shall indicate 
off of which side or end of said lot the part to be sold shall be taken ; 
and if more than one tract of land is included in the mortgaged 
premises, the Auditor shall elect which tract or tracts shall be sold, 
saving to the mortgagor, if practicable, the tract on which his house is 
located. If a tract of land so mortgaged, and liable to be sold to satisfy 
the mortgage, can not be divided without materially diminishing the 
value of such tract ; or if any in-Iot or out-lot be indivisible, by reason of 
extensive buildings or other improvements thereon, the Auditor may sell 
the whole thereof, and, after paying the amount due for principal, inter- 
est, damages and costs, out of the purchase-money, shall pay the bal- 
ance, if any, to the mortgagor ; and if the Auditor sell any part of a 

\- 



36 SCHOOL LAW OF INDIANA. 

tract of land, out-iot, or in-lot for more -than the amount of principal, 
interest, damages and costs, the excess, if any, shall be paid to the 
mortgagor. (96) 

1. Division immateeial. Tke Auditor can sell in no other way than that 
provided by law. — Webb v. Moore, 25 Ind. 4. But in a suit to set aside a sale made 
by the Auditor, where the mortgage debt, penalty and costs aggregated one hundred 
and fifty-two dollars and twenty cents, though the land was worth four thousand 
dollars, and could have been divided without materially diminishing its value, it 
was held to be immaterial that he did not, at the sale, offer any part in the form of 
a square, or otherwise, oh of the northwest corner thereof. — Arnold v. Gaff, 58 Ind. 
543. See notes 5 and 9. 

2. The excess. If the mortgagor has sold the land to another person, and 
the purchaser has assumed the mortgage, such purchaser would be subrogated to 
the mortgagor and entitled to receive the excess. — Baldwin, Atfy-Gen. 

3. Tax sale. The lien of the State upon land mortgaged to the school fund 
is not affected by a sale of the land for taxes, and the State need not redeem to save 
its rights. The purchaser at the tax sale takes title subject to the school fund 
mortgage. — Woollen, Att'y-Gen. 

4. Statute arosT be pursued. The County Auditor, in making a sale of 
land in satisfaction of a school fund mortgage, has no power to sell in any other 
mode than that prescribed by the statute, and the burden is upon one claiming 
title under such a sale to show that the statutory requirements have been strictly 
pursued. — Haynes v. Cox, 118 Ind. 184. 

5. Portion sold. Where the Auditor, in selling less than the whole tract 
mortgaged, does not take the quantity out of the northwesterly corner of the tract, 
as required by the statute, but, on the contrary, takes it from another and entirely 
distinct portion thereof, he exceeds his power and the sale is invalid.^Haynes r. 
Cox, 118 Ind. 184. See notes 1 and 9. 

6. Statute iniust be strictly pursued. In a sale of real estate the statute 
must be strictly pursued, or the sale will be void. — Williamson r. Doe, 7 Blackf. 12; 
Benefield v. Aughe, 93 Ind. 401; Ferris i: Cravens, 65 Ind. 262. 

7. Sale for more than due. A sale for a sum greater than is due at the 
time of the sale is void. — Betson v. State, 47 Ind. 54; Key v. Ostrander, 29 Ind. 1; 
Vail t'. McKernan, 21 Ind. 421; Board of Com. ei. State, 122 Ind. 333; Brown v. 
Ogg, 85 Ind. 234. 

8. Redemption. The purchaser takes an absolute title, and junior incum- 
brancers have no right to redeem from the sale.— Schnantz v. Schellhaus, 37 Ind. 85. 

9. Sale in parcels. The County Auditor need not offer the mortgaged 
premises in parcels, where they are described in the mortgage as a single tract. — 
Shannon v. Hay, 106 Ind. 589. See notes 1 and 5. 

10. Appraisement. Upon the foreclosure of a school fund mortgage, the 
court may order the land sold without appraisement. — Stockwell v. State, 101 Ind. 1. 

11. Quieting title. One whose land has been sold to satisfy a school fund 
mortgage executed by him. can not maintain an action to quiet title against the 
purchaser, although the sale was void, without first paying or tendering to the latter 
the amount paid by him. — Shannon v. Hay, 106 Ind. 589. 

12. Kate of interest. A school fund mortgage draws the same interest 
after as before maturity. — Stockwell v. State, 101 Ind. 1. 



SCHOOL LAW OF INBIANA. 37 

p. 314. Approved and in force March i), 1889.] 

4-393. Auditor's bid. In case of no bid for the amount 
due, the Auditor shall bid in the same on account of the fund, and, as 
soon thereafter as may be, shall sell the same — having first caused it to 
be appraised by three disinterested freeholders of the neighborhood — 
upon the following terms, viz. : one-third cash in hand, and the bal- 
ance in four equal installments, due in one, two, three and four years, 
respectively, from the day of sale, bearing interest at six per cent, per 
annum, payable annually in advance ; but no such sale shall be for a 
less sum than the appraised value thereof. (97) 

1. Statute mandatory. The Auditor has no power to sell for cash, nor on 
a credit of less than five years, nor without first having the land appraised, nor for 
a less sum than the appraised value. — Ferris %\ Cravens, 65 Ind. 262. 

2. More than one appraisement. If the appraisement is found to be too 
high, the Auditor may have a re-appraisement made, and sell the property under 
the modified valuation. Any other construction might work irreparable damage 
to the fund, as property might never sell for the amount of the first appraisement, 
and might thus become a worthless investment. — Woollen, Att'y-Gen. 

3. Duty of Auditor. It is the duty of the Auditor to offer the mortgaged 
premises in the manner prescribed by the statute ; and, if, after offering it for sale 
in that manner, no one bids the amount due, he must bid the property in for the 
use of the fund secured by the rqortgage. — Haynes v. Cox, 118 Ind. 184. 

4. Eeimbuesing county. Where the mortgagor fails to pay the interest for 
a number of years, and during those years the county pays it out of its general 
fund, and afterwards the mortgage is foreclosed, and the land is bid in by the Au- 
ditor on account of the school fund, and subsequently the land is sold and con- 
veyed to a third party, the school fund is only entitled to the principal of said loan 
and the interest thereon, until after the county treasury is reimbursed because of 
the interest it has paid to said fund on account of said loan. Board of Com. v. State, 
122 Ind. 333. 

5. Surplus. This section is construed with section 4394. Whenever the 
land is sold, the county takes out the amount of principal of the mortgage for 
which it was bought in, the amount of interest, damages and costs, and the surplus 
goes to the original mortgagor or his grantee. — Board of Com. v. State, 122 Ind. 333. 

6. Section 4347. Section 4347 has no reference to a sale under this section. — 
Board of Com. v. State, 122 Ind. 333. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4394. ' Sale of lands bid in. Lands heretofore bought in 
on account of the fund, which have been appraised, shall be sold in like 
manner ; and if, upon sale of any such land, a sura is realized which is 
more than sufficient to pay the principal, interest, damages and costs, 
the overplus shall be paid to the original mortgagor, his heirs or assigns, ' 
when collected. (98) 

1. Compare § 4347, and § 4393, note 5. 

2. Suit on note. A suit can not be brought on the note by the County Au- 
ditor, where he has bid in the property mortgaged to secure such note, until he has 



88 SCHOOL LAW OF INDIANA. 

made tlie subsequent sale required by this section, and failed to realize enough to 
satisfy the amount due. — Clark v. State, 109 Ind. 388. 

3. Taxes. The lien of taxes which accrued on lands mortgaged to the school 
fund subsequent to the mortgage, is merged in the fee, where the land is bid in by 
the county, and taxes can not accrue on the land subsequently, until a purchase 
certificate is issued on a sale thereof. — Michener, Att'y-Gen. See Hamilton r. State, 
1 Ind. 128; Groom v. State, 24 Ind. 255. 

[1883, p. 79. Approved and in force March 3, 1883.1 

4394 a. Re-appraisement of forfeited lands. 

All lands which have become forfeited and have reverted, or may here- 
after be forfeited and revert to the various townships in the several 
counties of this State, for failure to pay the interest or principal of the 
amount due thereon to the school fund, and which have remained, or 
hereafter remain unsold for the period of three years, by reason of the 
amount due thereon being in excess of the values of said lands, may be 
re-appraised and sold for a sum not less than said re-appraised value 
thereof; such re-appraisement and sale to be made in the same manner 
and upon the same terms and conditions as is now prescribed by law for 
the appraisement and sale of such lands. (1) 

1. Note. Section 4352 pi-ovides for the re-appraisement and sale of any lands 
in this State belonging to any township for school purposes, which is presumed to 
include lands forfeited in the manner indicated in this section. If such is the case, 
this section supersedes section 4352 as to such forfeited lands, but not as to congres- 
sional township lands which have never been sold. 

2. Sections 4347 and 4348 relate to the forfeiture and resale of lands originally 
belonging to and sold by the congressional townships, sections 4383-4393 to forfeit- 
ure and resale of lands mortgaged to secure loans from either of the school funds. 
When a sale has not been effected on the appraisement required by section 4393, 
this section authorizes a re-appraisement and sale at the end of three years. Com- 
pare 4393, note 2. 

4394 b. Appropriation by Commissioners. Upon 

the sale of such lands as provided for in the preceding section of this 
act, the Board of County Commissioners of the several counties in which 
said lands are situated, may make an appropriation, from the general 
county funds, a sum equal to the difference between the amount for 
which said lands shall have been forfeited and the amount for which 
such lands shall have last sold ; said sum appropriated to be placed to 
the credit of the proper fund, and loaned as other school funds are 
loaned. (2) 

1. Note. The duty of the Board to make such appropriation is imperative, 
since the county is liable for all deficits in the funds entrusted to it. — ? 4326, note 2. 

4394 c. Repeal of conflicting laws. All laws and 

parts of laws in conflict Avith the provisions of this act are hereby 
repealed. (3) 



SCHOOL LAW OF INDIANA. 39 

[1865, p. 3. Approved and in force March 6, 1865.1 

4395. Deed by Auditor. Upon full payment being made 
for such lands, the deed therefor shall be executed by the County Au- 
ditor, and shall be entered in the record of the Board of County Commis- 
sioners before delivery. (99j 

1. Kecord of deed, a recording of the deed in the Commissioners' record 
is a condition precedent to its delivery, and a necessary step in the sale. — Arnold 
V. Gaff, 58 Ind. 543. 

2. The deed as evidence. It is the deed alone that vests the title in the 
purchaser, and if the deed does not state that the proper steps have been taken to 
perfect a sale, it is no evidence that those steps have been taken. — Williamson v. 
Doe, 7 Blackf. 12. 

3. Tendee. of deed. A suit for the purchase-money can not be made with- 
out tender of a deed for the property, recorded as requked above, noj; absolute but 
conditional upon payment therefor. — Johnson v. State, 74 Ind. 588. 

4. Payment. The amount bid is paid to the Treasurer, and not to the Au- 
ditor.— Cole V. Miller, 60 Ind. 463. 

5. Taxes. The title of the purchaser vests in the purchaser freed from all 
assessment and taxes made or levied between the date of the mortgage and the date 
of the deed. — Hamilton v. State, 1 Ind. 128; Groom v. State, 24 Ind. 255. 

6. Subrogation. If the sale prove invalid, and is set aside, the purchaser 
may be subroga,ted to the rights of the State in the mortgage. — Willson v. Brown, 
82 Ind. 471. 

4396. Statement of sales. At the public sale at the 
court-house door provided for in this Act, the County Treasurer shall 
also attend, and make a statement of such sales, which shall be signed 
by the Auditor and Treasurer, and after being recorded in the Auditor' s 
office, shall be filed in the Treasurer's office ; and such record, or a copy 
thereof, authenticated by the Auditor's or Treasurer's certificate, shall 
be received as evidence of the matters contained therein. (100) 

1. Note. This statement must be signed by bo{h Auditor and Treasurer, or 
the sale will be void.— Arnold r. Gaff, 58 Ind. 543. 

4397. Title in State without deed. When any land 

is laid [bid] off by the Auditor at such sale, no deed need be made 
therefor to the State ; but the statement of such sale, and the record 
thereof, shall vest the title in the State, for the use of the proper 
fund. (101) 

4398. Annual re port. County Auditors and County Treas- 
urers shall annually report, in writing, to the Boards of County Com- 
missioners of the respective counties, al! the June sessions of said Boards 
relative to the school-fund held in trust by said counties, distinguishing, 
in said reports, between the congressional township and common-school 
funds; indicating the amount thereof; the additions to them within the 
current year then ending ; the sources from whence such additions are 



40 SCHOOL LAW OF INDIANA. 

derived ; the condition of them as to their safety, giving the amount 
thereof safely invested, unsafely invested and uninvested, and loss, at 
the date of said reports ; giving also the amount of interest collected 
upon said funds within the year then ending, and the amount then due 
and unpaid. (103) 
1. See §4404. 

4399. Duty of Boards. The Boards of County Commisv 
sioners shall, annually, at their June sessions, in the presence of the 
Auditors and Treasurers, examine said reports, the accounts, and pro- 
ceedings of said officers in relation to said funds, and the revenue de- 
rived from them. They shall compare with said reports, the cash, the 
notes, mortgages, records, and books of said officers, with a view to 
ascertain the amount of said funds and their safety ; and to do whatever 
may be necessary to secure their preservation and the prompt payment 
of the annual interest thereon as the same becomes due ; and make up 
to said funds losses which have accrued, or may accrue. (104) 

1. Lost funds. If any of the school fund, principal or interest, is lost, the 
Superintendent of Public Instruction may direct the proper Prosecuting Attorney 
to institute suit against the county for its recovery. — § 4413. If suit is not brought 
within one year after cause of action has accrued, the Attorney-General may 
bring it. — Acts 1889, p. 124, jJ 9. The Prosecuting Attorney is not authorized to 
bring suit at his own instance.— E. S. 1881, ? 5864. See also ? 4326, note 2. 

2. Suit. An action may be brought in the name of the State on relation of 
the Board of County Commissioners to recover congressional school funds. — Groves 
V. State, 9 Ind. 200; Butler Rogers v. Gibson, 15 Ind. 218. 

4400. Board's report. Each Board of County Commis- 
sioners, at said session, shall make out a report, in writing, of the result 
of such examination, showing — 

First. The amounts of said funds at the close of last year. 
Second. The amount added from sale of land within the year. 
Third. The number of acres of unsold congressional township school 
lands, and the approximate value thereof. 

Fourth. The amount added from fines and forfeitures. 

Fifth. The amount added by the commissioners of the sinking fund. 

Sixth. The amount added from all other sources. 

Seventh. The total amount of the funds. 

Eighth. The amount refunded within the year. 

Ninth. The amount re-loaned within the year. 

Tenth. The amount safely invested. 

Eleventh. The amount unsafely invested. 

Twelfth. The amount uninvested. 

Thirteentk The amount of fund lost since 1842. 



SCHOOL LAW OE INDIANA. 41 

FourteetitTi. The amount of interest collected within the year. 

Fifteenth. The amount of interest delinquent. 

And in such repoi-t,, said Board shall distinguish between the congres- 
sional township fund and the common school fund ; and in its account of 
the interest or revenue derived from said funds, it shall observe the same 
distinction. (105) 

1. Unsafe investments. Commissioners are not justified in reporting money 
as safely invested on the ground that the county is liable for the funds entrusted 
to it, and therefore the State can suffer no loss. If any money has been loaned on 
personal security it should be reported as unsafely invested, such loans being con- 
trary to law. — 'i 4370, note 2. 

2. Clause 13. Clause 13 of the above section is obsolete. — LaFollette, Supt. 
Pub. Inst. 

4401. Disposition of report. Such report shall be en- 
tered on the records of said Board ; and copies thereof, signed by the 
members of the Board, the Auditor, and Treasurer, shall be transmitted 
to the Auditor of State and the Superintendent of Public Instruction. 
(106) 

4402. Apportionment of loans. Where the whole of 

the school funds of a county have been loaned, the Auditor shall appor- 
tion to each congressional township a sufficient number of mortgages to 
cover the principal of its congressional township fund ; and where a part 
of the school funds only are loaned, the Auditor shall so apply a propor- 
tional amount; and the cash on hand, when loaned, shall be for the 
benefit of the congressional townships, respectively, to the amount of 
the entire principal of its congressional township fund ; and in all loans 
made after the taking effect of this Act, the note and mortgage shall 
specify the particular fund borrowed. (152) 

1. Note. This section prescribes the manner of carrying out the provisions 
of § 4327, and should have been placed after it in the Eevised Statutes. If in any 
instance its provisions have not been complied with, it is still in force and must be 
obeyed. 

[1879 S. p. 102. Approved and in force March 29, 1879.] 

4403. Miscellaneous school fund account. It 

shall be the duty of the Auditor in each county to open an account with 
the congressional township school fund, to be styled the "Miscellaneous 
School Fund Account." He shall transfer to said account, from each 
township account, all sums on hand at any time when a loan is solicited 
^provided the aggregate sums will equal the araouflt sought to be bor- 
rowed), and may lend such combined sums in one loan ; which loan shall 
be numbered in consecutive order, and the securities shall each and all 
be indorsed with the number as "Miscellaneous Loan No. — ," as the 



42 SCHOOL LAW OF INDIANA. 

number may be ; and lie shall enter in the miscellaneous account, on the 
debit side, sejiarately, the sums taken from the account of the several 
townships, so as to show the corresponding number of the loan, and 
credit the several township accounts Avith the same sum and the like 
number of loan. Thence on, as interest accrues and is paid in on such 
loan, he shall debit the several township accounts with the pro rata por- 
tion of such interest accruing to each ; and when such loan is paid, he 
shall distribute back to the township accounts the several sums originally 
transferred from each, and debit the miscellaneous account accordingly, 
and balance and close said account as to said loan. In all the entries 
throughout, he shall keep each entry identified by the proper number 
belonging to that loan, and so of each combined miscellaneous loan, as 
contemplated in this act. (1) 

4404. Distribution and report. In all cases where dis- 
tribution is made of the school funds under the law now in force, it shall 
include all money on hand, or which, according to law, should be on 
hand, not exceeding the interest on loans for one year, which shall be 
distributed in full, and no portion shall be omitted or retained ; and the 
report made by the Auditor shall show fully the amount actually on 
hand, as required and contemplated by law, and show the distribution 
of the same in full. (2) 

4405. Penalty against Auditor, if any Auditor fail 

or refuse to distribute and report such fund in full, as required by this 
Act, he shall be liable to an action on his official bond. The Superin- 
tendent of Public Instruction shall direct that action be brought u23on 
the official bond of such defaulting Auditor, and the Prosecuting At- 
torney of the 2^roper county shall bring such action. On finding against 
such Auditor, judgment shall be entered for the sum so omitted by him 
to be distributed, with damages of twenty per centum thereon, which 
shall be for the use and benefit of the fund so omitted to be distributed. 
(3) 

[1889, p. 235. Approved and in force March 8,1889.] 

4405 a. Loan of State bonds. The Governor, Au- 
ditor and Treasurer of State are hereby authorized to negotiate a loan of 
the sum of three millions, nine hundred and five thousand dollars, to 
pay off" the debt of the State, due the schoool fund of the State of In- 
diana, as evidenced by school fund bonds numbers one, two, three, four 
and five. For the purpose of borrowing such sum as may be necessary 
for this purpose, the Governor, Auditor and Treasurer of State may 
issue and sell the bonds of the State, redeemable at the pleasure of the 
State after ten years, and payable in twenty years from the date thereof, 



SCHOOL LAW OF INDIANA. 43 

bearing interest at the rate of not exceeding three and one-half per 
centum per annum, payable semi-annually out of any funds in the State 
Treasury not otherwise appropriated. Such bonds shall be issued in 
denominations of one hundred, five hundred and one thousand dollars, 
and shall not be sold for less than par value, and shall be signed on the 
part of the State by the Governor, Auditor and Treasurer of State, and 
a proper record kept of the same in the ofiice of said officers ; and ad- 
vertisement of the sale of such bonds shall be published for three weeks 
successively in two daily newspapers of the cities of Indianapolis, 
Boston, Chicago, Philadelphia and New York, before bids for such 
bonds shall be received. (1 ) 

4405 b. Bonds binding on State. The bonds author- 
ized under this act shall be binding on the State of Indiana, and for the 
jDaymeut thereof with interest thereon, the faith of the State is irre- 
vocably pledged. (2) 

4405 c. Old bonds cancelled— Surplus. When- 
ever the loan herein provided for shall be effected, and a sufficient sum 
of money realized to pay off" and discharge the said school fund bonds, 
or any of them, it shall be the duty of the Auditor of State to cancel 
the said bonds. And should there be realized a greater sum of money 
than is necessary to pay off' the said bonds, the overplus shall be turned 
into the general fund of the State. (3) 

4405 d. Distribution of fund realized. The money 

realized upon the sale of the bonds provided for in the first section of 
this act shall be distributed to the several counties of this State in the 
ratio of "the vote cast for Secretary of State in the general election of 
the year 1888." Such money to be loaned out to the people of such 
counties according to the law relating to the loan of school funds. It 
shall be the duty of the Auditor of State to make such distribution to 
the several counties, within thirty days after there may be realized so 
much as five hundred thousand dollars from the sale of such bonds, and 
said Auditor of State shall make successive distributions of said money, 
within thirty days after there may be realized any additional sum of 
five hundred thousand dollars, and shall so continue such distributions 
until the whole sum shall be distributed to the several counties : Pro- 
vided, If at any time there shall be realized from the sale of such bonds 
a larger sum than five hundred thousand dollars, the whole sum shall be 
distributed within thirty days after the receipt thereof, under the pro- 
visions of this act. The Auditor of State shall issue his warrant on the 
State Treasury, in favor of the Treasurer of the proper county, for such 
gum as such county shall be entitled to under this act, (4) 



44 SCHOOL LAW OF INDIANA. 

4405 e. Counties liable. The several counties of this 
State shall be held liable for the preservation of so much of said fund 
as is intrusted, or may hereafter be intrusted to them, and for the pay- 
ment of the annual interest thereon, at the rate established by law, the 
payment of which interest shall be full and comj^lete every year, and 
shall so appear in the Auditor' s report to the Superintendent of Public 
Instruction ; and the said Superintendent shall at any time when he dis- 
covers from the report or otherwise, that there is a deficit in the amount 
collected for want of prompt collection, or otherwise, direct the attention 
of the Board of County Commissioners and the County Auditor to the 
fact, and said Board of County Commissioners are hereby authorized 
and required to provide for such deficit in their respective counties. In 
the control and management of the fund intrusted to their respective 
counties, the County Auditor, Treasurer and Boards of Commission- 
ers shall be governed by the laws now in force relating to the loan and 
management of the school funds. (5) 



ARTICLE II— ADMINISTRATION. 

[1865, p. 3. Approved and in force March 6, 1865.1 

4406. Superintendent of Public Instruction. 

There shall be elected by the qualified voters of the State, at a general 
election, a State Superintendent of Public Instruction, who shall hold 
his office for two years. (119) 

1. Term. The State Superin tendency being a constitutional office, the length 
of the term can not be changed by legislation. — R. S. 1881, ? 189. 

2. The office. The time will come when your Superintendent will be 
deemed respectable in the eyes of your General Assembly, and when they will 
place him on an equal footing in every respect with your other State officers.— 
Fletcher, Supt. 

The tragic and untimely death of the talented Fletcher cut off, in the midst of 
his usefulness, a public servant worthy to be compared with any of the distin- 
guished Superintendents whose labors, aided by the great development of common 
school interests, have brought about the verification of his prediction in the in- 
creased dignity, power and influence of the office he held for too short a time. 

4407. Commencement of term— Oath. His official 

term shall commence on the fifteenth day of March succeeding his 
election. He shall take and subscribe the oath prescribed by law ; which 
proceeding shall in all things conform to the law relative to the oaths of 
public offi-cers. (120) 

1. Oaths of office. Every officer under the Constitution must take such an 
oath before entering upon his duties.— :R, S, 1881, § 2,§6, 



SCHOOL LAW OF INDIANA. ,45 

4408. Duties— Office— Clerks. The Superintendent 
shall be charged with the administration of the system of public instruc- 
tion and a general superintendence of the business relating to the com- 
mon schools of the State, and of the school funds and school revenues 
set apart and appropriated for their support. A suitable office shall be 
furnished for him, at the seat of government, in which the books, papers, 
and effects relating to the business of said office shall be kept ; and there 
he shall give reasonable attendance to the business and duties of the 
office. He shall render an opinion, in writing, to any school officer ask- 
ing the same, touching the administration or construction of the school 
law. He is hereby authorized to employ two clerks for said office, to be 
paid as the clerks of the office of the Auditor of State are paid ; and the 
sum of eighteen hundred dollars is hereby annually appropriated for 
that purpose. (121) 

1. Legislature's Duty. — It is the duty of the General Assembly to prescribe 
the general sphere of the State Superintendent's activity, and to provide suitable 
compensation for him. — R. S. 1881, 'i 189. 

2. Opinions. He is not bound to give opinions except to school officers, — that 
is county auditors, county treasurers and superintendents, townshi'p trustees, school 
directors, and school trustees of towns and cities. But the courtesy of Superintend- 
ents has established the custom of answering questions touching the construction 
and administration of the school lav/s, for all who need such information. 

3. His opinions not a defense. For it has been held that depositing funds 
in a solvent bank, by advice of State and county superintendents and county board, 
if loss result, is no defense to the trustee depositing. - Inglis v. State, 61 Ind. 212. 

4409. Report to Governor, in the month of January 
in each year in which there is no regular session of the General Assembly, 
he shall make a brief report, in writing, to the Governor, indicating in 
general terms, the enumeration of the children of the State for common 
school purposes, the additions to the permanent school fund within the 
year, the amount of school revenue collected within the year, and the 
amounts apportioned and distributed to the schools. (122) 

4410. Report to General Assembly. At each regular 

session of the General Assembly, on or before the fifteenth day of 
January, said Superintendent shall present a biennial report of his ad- 
ministration of the system of public instruction, in which he shall furnish 
a brief exhibit — 

First. Of his labors, the results of his experience and observation as 
to the operation of said system, and suggest the remedy for observed im- 
perfections. 

Second. Of the amount of the permanent school funds, and their gen- 
eral condition as to safety of manner of investment ; the amount of rev- 
enue annually derived therefroin, and from othei; sources; estimates 



46 SCHOOL LAW OF INDIANA. 

for the following two years ; and the estimated value of all other property- 
set apart or appropriated for school purposes. 

Third. Of such plans as he may have matured for the better organi- 
zation of the schools, and for the increase, safe investment, and better 
preservation and management of the permanent school funds, and for 
the increase and more economical expenditure of the revenue for tuition. 

FouHh. He shall present a comparison of the results of the year then 
closing with those of the year next preceding, and, if deemed exj)edient, 
of years preceding that, so as to indicate the progress made in the busi- 
ness of public instruction. 

Fifth. He shall furnish such other information relative to the system 
of public instruction — the schools, their permanent funds, annual reve- 
nues, etc., as he may think to be of interest to the General Assembly. 

He shall append to said report statistical tables, compiled from the 
materials transmitted to his office by the proper officers, with proj)er 
summaries, averages and totals appended thereto. He shall append a 
statement of the semi-annual collections of school revenue, and his ap- 
portionment thereof; and, when he deems it of sufficient interest to do 
so, he shall append extracts from the correspondence of school officers, 
tending to show either the salutary or defective operation of the system 
or of any of its parts ; and shall cause ten thousand copies to be printed 
and distributed to the several counties of the State. (123) 

4411. Duties. He shall visit each county in the State at least 
once during his term of office, and examine the Auditor's books and 
records relative to the school funds and revenues, with a view to ascer- 
tain the amount and the safety and preservation of said funds and reve- 
nues; and, for that purpose, he shall have access to, and full power to 
requii-e for inspection the use of the books and papers of the Auditor's 
office. Whenever he may discover that any of the school funds are un- 
safely invested and unproductive of school revenue, or that any of the 
school revenues have been diverted from their proper objects, he shall 
report the same to the General Assembly. He shall meet with such 
school officers as may attend his appointment, counseling with the teach- 
ers, and lecturing upon topics calculated to subserve the interests of 
popular education. (124) 

1. Visits. The Superintendent should hold himself in readiness to attend 
teachers' institutes whenever called upon. But it must be remembered that there 
ore ninety -two counties in the State, and that with so many labors to perform in 
the office it will be impossible to spend mucli time in each county. Every teacher 
of our public schools is required to meet him at the time of such visitations, and 
the time lost in such cases shall not have to be made up by the teacher. — Fletcher, 
Supt, 



SCHOOL LAAV OF INDIANA. 47 

4412. Traveling expenses. He shall receive, for travel- 
ing and otlier expenses while traveling on the business of the depart- 
ment, a sum not exceeding six hundred dollars per annum ; and an ap- 
propriation of that amount is hereby made for that purpose, annually. 

(125) 

4413. Supervision of school funds. He shall exer- 
cise such supervision over the school funds and revenues as may be neces- 
sary to ascertain their safety, and secure their preservation and applica- 
tion to the proper object ; and cause to be instituted, in the name of the 
State of Indiana, for the use of the proper fund or revenue, all suits 
necessary for the recovery of any portion of said funds or revenues. It 
is hereby made the duty of the proper Circuit Prosecuting Attorney to 
prosecute all such suits at the instance of the Superintendent, and with- 
out charge against said funds or revenue. (126) 

1. See ?4400, note 2. 

2. May employ attorney. This section and §5611 E. S., 1881, authorize the 
State Superintendent and Auditor of State to employ an attorney to collect a claim 
due the school fund, and their contract in this behalf is the contract of the State. — • 
State r. Sims, 76 Ind. 328. 

4414. May require reports. He may require of the 
County Auditors, County Superintendents, County Treasurers, Trustees, 
Clerks, and Treasurers, copies of all reports required to be made by 
them, and all such other information in relation to the duties of their 
respective offices, so far as they relate to the condition of the school 
funds, revenvies, and property of the common schools and the condition 
and management of such schools, as he may deem important. (127) 

4415. Blanks and forms. He may prepare, and trans- 
mit to the proper officers, suitable forms and regulations for making all 
reports, and the necessary blanks therefor, and all necessary instructions 
for the better organization and government of common schools, and con- 
ducting all necessary proceedings under this Act. (128) 

4416. Forms of book-keeping. Forms and modes of 
book-keeping shall, from time to time, be prescribed for County Auditors 
and County Treasurers by the State Superintendent of Public Instruc- 
tion. (102) 

4417. Shall publish school laws. He shall cause as 
many copies of the acts of the General Assembly in relation to the com- 
mon schools or the school funds, with necessary forms, instructions, and 
regulations, to be from time to time printed, and distributed among the 
school townships, as he shall deem the public good requires. (129) 



^.. 



48 SCHOOL LAW OF INDIANA. 

4418. Journals, etc., to libraries. He shall supply 

each common school li])raiy with the Legislative and Documentary 
Journals, and the acts of each session of the General Assembly, and his 
own annual reports. At the expiration of his term of office, he shall 
deliver to his successor possession of the office, and all books, records, 
documents, papers and other articles pertaining or belonging to his 
office. (130) 

[1875, p. 130. Approved February 25, 1875, and in force August 24, 1875.] 

4420. State Board of Education. The Governor of 

the State, the State Superintendent of Public Instruction, the President 
of the State University, the President of Purdue University, the Presi- 
dent of the State Normal School, and Superintendents of Common 
Schools of the three largest cities in the State, shall constitute a Board, 
to be denominated the. Indiana State Board of Education. The size of 
the cities shall, for this purpose, be determined by the enumeration of 
children for school purposes, annually reported by County Superin- 
tendents to the Superintendent of Public Instruction. The Superin- 
tendent of Public Instruction shall, ex officio, be president of the Board ; 
and in his absence the members present shall elect a president pro tempore. 
The Board shall elect one of its members secretary and treasurer, who 
shall have the custody of its records, papers, and effects, and shall keep 
minutes of its proceedings : Provided, That such records, papers, effects, 
and minutes shall be kept at the office of the Superintendent, and shall 
be open for his inspection. The said Board shall meet upon the call of 
the President or a majority of its members, at such place in the State as 
may be designated in the call ; and shall devise, adopt, and procure a 
seal, on the face of which shall be the words, ' ' Indiana State Board of 
Education," and such other device or motto as the Board may direct — 
an impression and written description of which shall be recorded on the 
minutes of the Board and filed in the office of the Secretary of State ; 
which seal shall be used for the authentication of the act.s of the Board 
and the important acts of the Superintendent of Public Instruction. 
(153) 

1. Note. When first created in 1852 the Board consisted of the Superintend- 
ent of Public Instruction and the Governor, Secretary, Treasurer and Auditor of 
State. In 1855 the Attorney-General was added. It remained merely a board of 
State officers, but little interested in or conversant with educational affairs, and ex- 
erting no appreciable influence, till 1865, when the membership was constituted as 
at present, except the President of Purdue University, who was added in 1875. 
The cities represented have always been Indianapolis, Evansville and Fort Wayne. 
As a board of professional educators, independent of politics, it has been a valu- 
able agent in our educational progress. 



SOliOOL LAW OF INDIANA. 49 

[1865, p. 3. Approved and in force March 6, 1865.] 

4421. Duties and powers. Said Board, at its meetings, 
shall perform such duties as are prescribed by law, and may make and 
adopt such rules, by-laws, and regulations as may be necessary for its 
own government, and for the complete carrying into effect the provisions 
of the next section of this act, and not in conflict with the laws of the 
State ; and shall take cognizance of such questions as may arise in the 
practical administi-ation of the school system not otherwise provided for, 
and duly consider, discuss, and determine the same. (154) 

1. Examination questions. By virtue of the considerable power conferred 
by the authorization to take cognizance of matters not otherwise provided for, the 
Board prepares questions for the examination of teachers, and prescribes the time 
and manner of their use by the County Superintendents. This work received legis- 
lative recognition in 1883 by the enactment of the next section. 

2. County Superintendent. It is the duty of the County Superintendent 
to carry out the instructions of the State Board and State Superintendent. — §4429. 

3. The State Board appoints the Trustees of the Indiana University. — §4565. 

[1883 p. 81. Approved March 3, 1883, and in force June 5, 1883.] 

4421 a. Traffic in questions. Whosoever shall sell, barter, 
or give away, to applicants for license, or to any other person, the ques- 
tions prepared by the State Board of Education, to be used by County 
Superintendents in the examination of teachers, or in any way dispose 
of said questions contrary to the rules prescribed by said State Board of 
Education, shall be deemed guilty of a misdemeanor ; and on convic- 
tion, shall be fined in any sum not less than ten, nor more than two 
hundred dollars. (1) 

[1865, p. 3. Approved and in force IVIarch 6, 1865.] 

4422. State certificates. Said Board may grant State 
certificates of qualification to such teachers as may, upon a thorough 
and critical examination, be found to possess eminent scholarship and 
professional ability, and shall furnish satisfactory evidence of good 
moral character. They shall hold stated meetings, at which they shall 
examine all applicants, and those found to possess the qualifications 
herein above named shall receive such certificate, signed by the Presi- 
dent of the Board, and impressed with the seal thereof; and the said 
certificate shall entitle the holder to teach in any of the schools of the 
State without further examination, and shall also be valid during the life- 
time of said holder, unless revoked by said Board. Each applicant for 
examination shall, on making application, pay to the Treasurer of the 
Board five dollars as a fee. (155)" 

4 — ScH. Law. 



50 SCHOOL LAW OF INDIANA. 

1. Eequieements. It is ordered that there shall be but one grade of State 
certificates of qualifications for teachers; and that these shall be granted to apj^li- 
cants who shall present satisfactory evidence of good moral character, and of 
forty-eight months' successful experience in teaching (of which at least sixteen 
shall have been in Indiana), and shall pass a satisfactory examination in orthog- 
raphy, reading, writing, arithmetic, geography, physical geography, English gram- 
mar, physiology, history, and constitution of the United States, general history, 
plane geometry, algebra, elements of physics, elements of zoology, elements of bot- 
any, English and American literature, rhetoric, moral science, and the science of 
teaching. Provided, that any person holding a valid ''professional license" [H425, 
note 9] shall be granted a State certificate on passing a satisfactory examination in 
plane geometry, elements of zoology, English and American literature, moral 
science, the science of teaching, general history, and rhetoric. Examinations for 
State certificates shall be held from time to time, as the number of applicants may 
require. — Order of State Board, November 1, 1883. 

2. Professional license. The State Board of Education is further empow- 
ered, by an act in force June 10, 1883, to prescribe what shall be the nature and 
extent of the examination for an eight-year license, and such license shall issue 
only itpon the approval of the Board. — §4425, note 9. 

[1873, p. 68. Approved and in force March 8, 1873.] 

4423. Pay and mileage of board. The members of said 

Board, other than the Governor and State Superintendent of Public In- 
struction, shall be entitled to receive for their services, while actually en- 
gaged in the duties of their office, five dollars per day and five cents per mile 
necessarily traveled while so engaged ; which anK)unt shall be certified by 
the Board to the Auditor of the State, Avho shall draw his warrant therefor, 
payable out of the general fund, which sum shall be reimbursed to the 
general fund by the treasurer of the Board paying into it that amount 
out of the money received by him as fees for certificates ; and if there 
be any residue of money received as such fees, it shall be expended by 
the Superintendent of Public Instruction in the purchase of suitable 
books for ai^ office library. Said Board shall be allowed the necessary 
expenses incurred in the discharge of the duties required of the same, 
for clerk hire, postage, etc. ; which expenses shall be paid as the ex- 
penses of the members of the Board are paid. (156) 

1. Appropriations. The requirement that the Auditor of State shall, upon 
the certificate of the Board, draw his warrant on the general fund for the expenses 
specified, amounts to a continuing appropriation therefor, which, however, is tempo- 
rarily suspended when an appropriation is made therefor in the biennial appropri- 
ation bill. — Hord, Atty. Oen. 

11873, p. 75. Approved and in force March 8, 1873.] 

4424. County Superintendent. The Township Trust- 
ees of the several townships of each county shall meet at the office of 
the County Auditor of such county, on the first Monday of June, 1873, 



SCHOOL LAW OF INDIANA. 51 

and biennially thereafter, and appoint a County Superintendent, who 
shall be a citizen of such county, whose official term shall expire as soon 
as his successor is appointed and qualified ; who, before entering upon 
the duties of his office, shall take and subscribe an oath that he will 
faithfully perform his duties as such officer according to law, which oath 
shall be filed with the County Auditor. He shall execute a bond, with 
freehold surety to the approval of the County Auditor, payable to the 
State of Indiana, in the penal sum of one thousand dollars, conditioned 
that he will faithfully discharge his duties according to law, and faith- 
fully account for and pay over to the proper persons all moneys which 
may come into his hands by reason of such office ; and, thereupon, the 
County Auditor shall report the name and postoffice address of the per- 
son appointed to the Superintendent of Public Instruction : Provided, 
hoivever, That the Board of County Commissioners shall have power to 
dismiss any County Superintendent for immorality, incompetency, or 
general neglect of duty, or for acting as agent for the sale of any text- 
book, school furniture or maps ; but no County Superintendent shall be 
dismissed without giving him written notice, under the hand and seal of 
the Auditor, ten days before the first day of the term of the Court of 
Commissioners at which the cause is to be heard ; and the said notice shall 
state the charges preferred against the Superintendent, the character of 
the instrument in which they are preferred (whether a petition, con.i- 
piaint, or other writing), and the names of those preferring the same. 
The duties required of the the School Examiner by any act shall here- 
after be performed by the County Superintendent. Whenever a 
vacancy shall occur in the office of County Superintendent, by death, 
resignation or removal, the said Trustees, on the notice of the County 
Auditor, shall assemble at the office of such Auditor, and fill such 
vacancy for the unexpired portion of the term, in the manner herein 
provided ; and the County Auditor shall be clerk of such election in all 
cases, and give the casting vote in case of a tie, and shall keep the 
record of such election in a book to be kept for that purpose. (33) 

1. Amendment void. The act of March 9, 187.5, attempting to amend this 
section, and ^427, 4429 and 4433, is unconstitutional and void. — The Board v. 
Smith, 52 Ind. 420 ; State t. Harrison, 67 Ind. 71. 

2. Quorum for appointment. A majority of all the Township Trustees of 
the county is a quorum for the appointment of a superintendent, and the person 
receiving the votes of a majority of that majority is elected. — Michener, Ally. Gen. 

The County Auditor, not being a member of the body, can not be counted in 
determining whether or not a quorum is present. An election by less than a 
quorum is void. State v. Porter, 113 Ind. 79 ; State ?. Edwards, 114 Ind. 581. 

3. Meeting of Trustees. The Trustees meet for a regular appointment by 
command of the statute, not by virtue of the Auditor's call, bpt it is proper foy 



52 SCHOOL LAW OF INDIANA, 

the Auditor to notify tliem of the time of the meeting. On the occurrence of a va- 
cancy, the Auditor notifies the Trustees of the fact, and fixes the day for them to 
assemble to fill it. — Holcombe, Siipf. 

The Trustees having failed to appoint a superintendent on the day fixed by 
law, adjourned sine die, and afterward, on call of the Auditor, met and made an 
appointment. But such action was held to be invalid and of no effect. — State v. 
Harrison, 67 Ind. 71. Yet had the Trustees adjourned from day to day, an appoint- 
ment made at such adjourned meeting would probably liave been valid; and pos- 
sibly after adjournment nine die, a mandamus might have issued to compel a re- 
assembling to perform the omitted duty. — Sackeit v. State, 74 Ind. 487. 

4. Mode of election. The Auditor has a right to act as the clerk of the 
board of election, keep a record of the same, and give the casting vote in case of a 
tie. The Trustees have the right of controlling the manner of the eleetion. The 
Auditor's declaring a person elected does not amount to anything; he has no right 
to make such declaration. It is the duty of the Board of Trustees to do that, and 
until they finally settle the matter a member has a right to vote. The appointment 
has very few elements of a popular election about it. The law simply provides 
that the Township Trustees shall appoint, and says nothing about the manner in 
which the appointment shall be made. Any mode that they may adopt by which 
they can arrive at the expression of the wish of the majority is suflicient to desig- 
nate the person to be appointed, and there is nothing binding until there is a final 
determination of the subject by the Trustees. — State v. Kilroy, 86 Ind. 118. 

If an election results, and is duly declared, the right of the person elected is 
consummated ; he can not be deprived of his ofiice by the subsequent action of the 
Board. — Michener, Atty. Gen. 

5. Casting vote. The County Auditor is clerk of the election, and gives the 
casting vote in case of a tie, in regular elections as well as in those held to fill 
vacancies. — Holcombe, Supt. 

A tie means that two opposing candidates have each an equal number of votes. 
An equal division on a motion to appoint a candidate to the office is not such a tie 
as entitles the Auditor to vote. — Baldwin, Atty. Gen. See note 19. 

6. Who eligible. To be eligible to the county superintendency a person 
must be a hoTia fide resident and elector of the county. — R. S. 1881, 'i 154. 

He must have been an inhabitant of the county during one year preceding his 
appointment, but it is not essential that he should have been a citizen or elector 
for so long. — State r. Kilroy, 86 Ind. 118. 

Women are held to be ineligible. — i^ 4540, Note 1. 

7. Eecognition by State Supekintendent. It is made the duty of the 
County Auditor to report to the Superintendent of Public Instruction the name 
and address of the person appointed. That is the means provided by law for 
informing the State Superintendent who has been appointed, and he has no power 
to decide upon the validity of an election on information furnished from other 
sources, evidence aliunde. That is a question for the Courts. — Holcombe, Supt. 

8. Disputed election. The qualifying of the appointee consists in the exe- 
cution and acceptance of the required bond, and taking and subscribing the oath 
of office. A person who has received the certificate of appointment and taken the 
above action is County Superintendent, at least de facia. If the validity of the ap- 
pointment is disputed, the issues may be joined by an action to replevin the records 
and propertiee of the office or by a writ of quo imnantQ against one of th^ <?laimafl,ts, 
— J3rtfcd)))i>e, SupL See note 22, 



SCHOOL LAW OF INDIA.NA. 53 

9. Appeal on dismissal. An appeal lies to the Circuit Court from a decision 
of County Commissioners dismissing a Superintendent from office. While such ap- 
peal is pending the person dismissed can not act as Superintendent, but a successor 
may be appointed, and will hold for the unexpired term, unless the person dis- 
missed is re-instated by the Court. See Walls v. Palmer, 64 Ind. 493, and Matthews 
V. Chase, 41 id. 357. — Baldwin, Atty. Gen. See also J., M. & I. E'y v. McQueen, 49 
Ind. 64. 

10. Office. The County Commissioners are not required to furnish the County 
Superintendent with an office, nor are they liable to him for the use of his own 
office as such Superintendent. Board of Com. v. Axtell, 96 Ind. 384. 

11. Length of teem. A County Superintendent, properly elected and quali- 
fied, holds his office until his successor is elected and qualified. State v. Sutton. 99 
Ind. 300. 

12. Record of election. The record of a Superintendent's election, made 
by the County Auditor, is 'prima facie correct, and is jwima facie evidence of such 
election. State v. Sutton, 99 Ind. 300. 

13. Election by ballot. When the Township Trustees agree that the 
election of a Superintendent shall be by secret ballot, the election will be deter- 
mined by the ballots actually cast, and in a suit regarding the validity of such an 
election the ballots are the best evidence, but when they have been lost, it is proper 
for the jury or Court to consider the testimony of Trustees who cast the ballots, and 
of those who counted them and announced the result. State v. Sutton, 99 Ind. 300. 

14. Acquiescence in election. W^here the Trustees agreed that the election 
should be by ballot, adhered to that mode throughout, and at the time the result 
was announced supposed the result was correctly announced, it was held that an 
adjournment without an objection was not an acquiescence in the result, and that 
such action did not amount to an acquiescence in the result. State v. Sutton, 99 
Ind. 300. Without, however, regard to whether the votes of a majority of all the 
school Trustees are necessary to the valid appointment of a County Superintendent, 
where such Trustees recognize the appointment as valid and the appointee qualifies 
and enters upon the duties of the office with the acquiescence of all others, he may 
compel his predecessor to deliver the records of the office to him. McGee v. State, 
103 Ind. 444. 

15. Mandamus. Mandamus is the proper remedy to compel a Superintendent 
to turn over the records and furniture of the office to his successor. McGee v. State, 
103 Ind. 444. 

16. Eesignation. Where, without notice of the withdrawal of a resignation 
previously made, the time arrives for it to take affect, and a successor to the incum- 
bent is duly appointed, no formal acceptance of such resignation is necessary to 
deprive such incumbent of title to the office. McGee i-. State, 103 Ind. 444. 

17. Eegulabity of appointment. One can not contest the regularity of the 
appointment of a successor, who has become invested with an apparent title, by 
refusing to surrender the records of the office. McGee v. State, 103 Ind. 444. 

18. Voting for himself. A Township Trustee can not vote for himself, and 
if he does, his vote is void. A failure of the Trustees voting for other candidates 
to make further objections after the presiding officer has announced the result of 
the election, can not be taken to be either an implied or infoi-mal vote in favor of 
the officer who voted for himself. Hornung r. State, 116 Ind. 458. 

19. Trustees present and not voting. There were eight Trustees, all there 
wrere 'm the county, present, Four voted for A., an^ the other four decUaedl to vote, 



54 SCHOOL LAW OF INDIANA. 

The chairman announced that the vote was a tie, and the Auditor then voted for 
A., and the chairman declared him elected ; A. qualified and demanded the office. 
It was decided that he was duly elected ; that there was a quorum present ; that he 
received the votes of all those present and voting, which was a majority of the 
number necessary to constitute a quorum, and that he received the necessary num- 
ber without the vote of the Auditor, who would only be entitled to vote in case of a 
tie. State v. Drummond, 125 Ind. 65. 

20. Auditor voting. Township Trustees met at the time required by statute, 
several ineffectual votes wei'e taken, and on the last ballot one-half of the Trustees 
voted for E., and the others voted blanks. A resolution was then oflPered declaring 
that E. be appointed. The vote on this resolution was evenly divided for and 
against it. The Auditor then gave a casting vote for the resolution and a certificate 
of election was issued to E. It was held that the election of E., was void. State v. 
Edwards, 114 Ind, 581. But this case has been modified by the case cited in note 19. 

21. Organizing board. If the Trustees meet and proceed to organize as a 
board, if there is a tie on chairman, the Auditor may give the casting vote. — Mich- 
ener, Atty. Gen. 

22. Officer de jure. When a new Superintendent is elected and qualified, 
ajl acts of his predecessor are void, which are performed thereafter. — liord, Atty. 
Gen. 

23. City and town boards. The President of City and Town School Boards 
can not participate in the election of a County Superintendent. — Hard, Atty. Gen. 

24. Filing bond. Mere failure to file the bond within the time required by 
law does not render the office vacant. Boai'd of Com. v. Johnson, 124 Ind. 145. 
And the Auditor can not refuse to approve the bond on the ground that the Super- 
intendent was corruptly elected. State c. Board of Com. 124 Ind. 554. 

[1889, p. 85. Approved March 2, 1889, and in force May 10, 1889.J 

4425, Examination of teachers. Said County Super- 
intendent sball examine all applicants for license as teachers for the 
common schools of the State by a series of written (or printed) ques- 
tions, requiring answers in writing, and in addition to the said questions 
and answers in writing, questions may be asked and answered orally, 
and if, from the ratio of correct answers and other evidences disclosed 
by the examination, the applicant is found to possess a knowledge which 
is sufficient, in the estimation of the County Superintendent, to enable 
said applicant successfully to teach, in the common schools of the State, 
orthography, reading, writing, arithmetic, geography, English grammar, 
physiology, and the history of the United States, and to govern such 
school ; said County Superintendent shall license said applicant for the 
term of six months, twelve months, twenty-four months, or thirty-six 
months, according to the ratio of correct answers and other evidences 
of qualifications given upon said examination, the standard of which 
shall be fixed by the County Superintendent ; and in examining persons 
for positions to teach in graded schools in cities and towns, the County 
Superintendent may take into consideration the specia,! fitness of such 



SCHOOL LAW OP INDIANA. 00 

applicants to perform tlie services required of them, and sliall make, on 
the licenses issued to such applicants, a statement of the kind of work 
for which they are especially qualified ; and all applicants, before being 
licensed, shall produce to the County Superintendent the proper Trust- 
ee's certificate or other satisfactory evidence of good moral character: 
Provided, That a six months' license shall be regarded as a trial license, 
and that no person who hereafter receives a six months' license in any 
county shall be again thereafter licensed in said county unless he ob- 
tains a grade which shall entitle him to receive at least a twelve months' 
license : And Provided, That any person now possessing a twenty-four 3 i. 
months' license whose next consecutive license shall be for the term of 
thirty-six months, or any person who shall hereafter receive two licenses 
in succession, each for thirty-six months, may receive, at the expiration 
of such several licenses, a license for the term of eight years, upon such 
an examination held by the County Superintendent as may be prescribed 
by the State Board of Education, and such license shall issue only upon 
•the approval of the State Board of Education, and shall be styled a 
professional license, and shall entitle the holder to teach in any of the 
schools in this State : Provided further, That any person who has taught 
for six consecutive years in the common schools of this State, and now 
holds a t\^o [three] years' license to teach therein, or who having pre- 
viously taught for six consecutive years in said common schools, shall 
hereafter obtain a two [three] years' license to teach therein, shall be for- 
ever afterward exempt from examination so long as he or she shall teach 
in the common schools of the county in which said three years' license 
was obtained ; but if such person shall at any time after said exemption 
accrues suffer a period of one year to pass without having taught one 
full school year in the common schools of naid county within said period, 
then said exemption shall cease f arid if such pefsoii shall, during such 
exemption, seek employment to teach other or higher branches in the 
common schools of this State than those branches which were included 
in the examination upon which said three years' license was issued, then 
he or she shall be examined in such additional branches. (34) 

1. Eecent changes. The above section was amended in 1883, and created 
the thirty-six months' and eight years' license, and made the six months' license a 
trial license issuable but once, authorized superintendents to consider special fitness 
of applicants for the work in city and town schools, and took away the power of 
renewing licences without examination. The act was further amended in 1889, by 
adding the last proviso,' known as the exemption clause. 

2. Evidence of character. A Superintendent may require evidence of 
good moral character before the examination commences, and if such evidence is 
not satisfactory, he maj' refuse to examine the applicant. This is not a wise thing 
to do, however, since, if the question of scholarship were settled, a license might 



56 SCHOOL LAW OF INDIANA. 

afterward be issued on production of satisfactory evidence; or on an appeal to the 
Superintendent of Public Instruction, the question of moral character alone would 
have to be considered. — Smart, Supt. 

No person who indulges in such immoral practices, as profanity, drunkenness, 
gambling or licentiousness, should be licensed to teach. — Hoss, Svpt. 

3. Loss OF CERTIFICATE, ETC. The Certificate is only the evidence of a 
license. It follows that if a teacher loses his certificate he remains licensed, and 
should be so treated, provided he can prove the facts. In such cases a duplicate 
certificate may be issued from the Superintendent's record. The failure of an ap- 
plicant upon examination does not affect a license previously issued to such appli- 
cant, or afford ground for its revocation. — Smart, Supt. But see note 17. 

4. Spegiai^ FITNESS. No person shall be admitted to the benefits of the pro- 
vision that 'special fitness' shall be considered in the examination of teachers for 
the graded schools of cities and towns, except on presentation of a written request 
of a town or city school board, with a statement that said board desires to employ 
said applicant for a certain grade of work named or described, and the expediency 
of complying with such request shall be left to the discretion of the County Super- 
intendent. — Resolution of County Superintendent^ Association, 1883. 

5. Special licenses. A County Superintendent may, upon the request of 
the school board of a town or city, examine a candidate for the position of teacher 
of German in the graded schools of such town or city, in such a manner as will 
satisfy him that the candidate is qualified for such work, and issue to the said 
candidate a license to teach the German language as a branch of study in the 
graded schools of a town or city ; and the Trustees of said town or city may re- 
numerate a person holding such a license for performing the specific services thereby 
authorized, out of the common school revenue for tuition. — Holcombe, Supt. See 
? 4497, note 5. 

The subjects of German, music, etc., should be considered as cumulative sub- 
jects, and a license specifying these subjects should include them in addition to 
those enumerated under this section. — LaFollette, Supt. Pub. 

6. Illegal, issues of licences. If a new Superintendent finds that licences 
have been illegally issued by his predecessor, he should cancel the records and cer- 
tificates thereof, and notify the school trustees in the county of such action. Before 
taking this action he should carefully investigate the facts, and notify the parties 
interested, giving them an opportunity to show that their licences are valid. — Hol- 
combe, Supt. 

7. Additional branches. Ordinarily, an examination in the enumerated 
subjects is sufficient, but when a person is to teach other branches, his proficiency 
therein should not be left to conjecture. He should be examined by the County 
Superintendent in such "other branches" as he is expected to teach. This is ex- 
pressly stated in the law in case a district school meeting has designated additional 
branches (§ 4502), and is an obvious inference in all cases where additional branches 
are to be taught. — Holcombe, Supl. 

8. Consecutive licenses. The provision of the law which creates the thirty- 
six months' and eight years' licenses contemplates that they should take effect con- 
secutively, and not over-lap each other in time. A person who has received two 
county licenses of the first grade in succession "may receive at the expiration of 
such several licenses a license for the term of eight years," upon passing a certain 
examination. The intention of the Legislature was to relieve teachers of approved 



SCHOOL LAW OF INDIANA. 57 

skill and ability from the burden of frequent examinations. But the benefits of 
the eight-years' professional license are carefully guarded, being extended to those 
persons only who have held consecutively a twenty-four-months' license (heretofore 
issued), and a thirty-six-months' license, or who shall hold hereafter two thirty-six- 
months' licenses in succession. The period of the currency of these two licenses is 
provided as a trial period in which the teacher may gain experience and prove his 
ability, and I think the law should be interpreted as not permitting such period to 
be abridged by granting the second or third license more than thirty days before 
the expiration of the one preceding it. Yet the examination for such license may 
not improperly be held within a reasonable time previous to the expiration of the 
preceding one. Licenses, to be consecutive, need not be issued in the same county. — 
Holcombe, Supt. 

9. Professional licenses. It is ordered that persons who have received two 
county licenses of the first grade, in conformity with the State Superintendent's 
opinion on "consecutive licenses" (Note 8, above), may be admitted within one 
year of the expiration of the second of such licenses to an examination for an 
eight-years' professional license, which shall comprise the subjects of elementary 
algebra, elements of physics, elements of botany, grammar, civil government, 
American literature, and the sciense of teaching. Such examination shall be con- 
ducted by the County Superintendents in the several^ counties, upon questions pre- 
pared by the State Board; the manuscripts shall be sent to the Board for gradation, 
and the certificates granted shall take eflPect upon the expiration of the thirty-six 
months' licenses held by the persons receiving them. An examination for eight- 
years' licenses shall be held in May, 1886, and annually thereafter. — Order of State 
Board, November 1, 1883. 

10. Miscellaneous. A license may be refused to an applicant on the ground 
of incompetency to govern a school. A license may be issued without the Trustee's 
certificate of character, if the Superintendent is satisfied on the subject. The Super- 
intendent is not bound to examine applicants who have no intention to teacli in 
the county, as the examinations are not provided for the amusement of novices. 
A license can not legally be ante-dated, but if ante-dated it is good from the day 
when it is issued for the period named on its face. — BIo-hs, Supt. 

11. Appeal. If an applicant for a license is not satisfied with the grading of 
his County Superintendent, he may appeal to this department [ the Department of 
Public Instruction]; and if, on the other hand, any patron of a school thinks that 
a teacher thereof has been too liberally graded, the same right of appeal exists in 
such patron as in the applicant for a license. — LaFollette, Supt. Pub. Inst. 

12. New list op questions. When an applicant presents himself for the 
work of the regular examination, it is understood to mean for the ivork of that day. 
Should an applicant appear at a subsequent examination, he could not pass upon 
those questions used before; but would be expected to pass upon a new list of 
questions, which are in the hands of the County Superintendent for that day's use 
Only. — LaFollette, Supt. Pub. Inst. 

13. Incompetent teacher. A County Superintendent may refuse to license 
a teacher whom he knows to be incompetent to teach. There are two ways that 
such knowledge may come to him : 1st. From personal visitation and inspection 
of his school work. 2d. From statements made by those in a position to inspect 
such work. — LaFollette, Supt. Pub. Inst. 

14. Professional license. The law expressly says that a teacher must 
teach without interruption after a license ic issued to him under the exemption 



58 SCHOOL LAW OF INDIANA. 

clause of section 4425. The inference is that the six years' teaching done, should 
have been done in the six years last past — that is, without any interruption — to en- 
title an applicant to the exemption. The County Superintendent may require such 
evidence of his teaching in other counties as will satisfy him that the teacher has 
done the necessary work, and that he has shown a degree of success sufficient to jus- 
tify the Superintendent in granting the removal. I, therefore, hold that the teach- 
ing must have been done in the six years last passed, but that the teaching in 
other counties may be credited, if the County Superintendent is fully satisfied that 
the teaching in other counties has been successful. A Superintendent may very 
properly refuse to issue a license in his own county to one whose success is poor. — 
LaFoUette, Supt. Pub. ImL 

15. Examination in two couniies. There is nothing in the law directly 
prohibiting a Superintendent from issuing a license upon manuscripts made in an- 
other county under the supervision of another Superintendent. But the practice 
is not entirely safe, and should be carefully guarded. If the manuscripts are sent 
by the Superintendent of another county, with his certificate that they have been 
fairly and honestly made, and his recommendation of the applicant as to character 
and ability, the Superintendent receiving them may grade them, and if they prove 
satisfactory, issue a license to the applicant. — Holcombe, Supt. 

16. PowEKS of Supekintendent not judicial — Liability. The County 
Superintendent belongs to the executive department of the government, he acts in 
neither a judicial or quasi judicial capacity in licensing persons to teach; and he has 
a discretion on the subject of licensing teachers, which is so far analogous to judi- 
cial discretion that he is protected from any claim for damages on account of any 
mistake in his decisions, or error in judgment, either in granting or withholding a 
license. Yet he is liable in damages for maliciously withholding a license to teach 
from an applicant lawfully entitled to receive the same, and lie will be held to have 
acted maliciously where he acts either from willful and wicked or from corrupt 
motives. — Elmore v. Overton; 104 Ind. 584. 

17. License and certificate. There is no legal distinction between the 
granting of a license to teach and the act of issuing a certificate of that fact. The 
terms are convertible, and the "licensing" implies the issuing to an applicant of a 
written permission to teach in the public schools. — Elmore v. Overton, 104 Ind. 548. 
See note 3. 

18. Principals of town schools. The second proviso of this section does 
not authorize a County Superintendent to make and enforce an order that all prin- 
cipals of town gi'aded schools shall, before receiving licenses, pass an examination 
in all of the branches of study taught by such principals and included in the course 
of study adopted by the school trustees. — Michener, Atty-Gen. 

19. German. A teacher of German in the public schools must possess a gen- 
eral license to teach. — Michener, Atty-Gen. 

[1865, p. 3. Approved and in force March 6, 1865.] 

A'A'Q.Q. May revoke licenses. The County Superintend- 
ent shall have power to revoke licenses granted by him or his predeces- 
sore, for incompetency, immorality, cruelty, or general neglect of the 
business of the school ; and the revocation of the license of any teacher 
shall terminate his employment iu the school which such teacher may 
have been employed to teach. (36) 



SCHOOL LAW OP INDIANA. 59 

1. Procedure. In the revocation of a license, the Superintendent may act 
upon liis own knowledge, or he may proceed upon petition of the patrons. In the 
former case he should make out and record charges and specitications, based on his 
own knowledge, and furnish the teacher a copy thereof, citing him to appear at a 
certain time and answer with such evidence and explanations as he may be able to 
give. The answer and evidence should be made a matter of record, together with 
the finding of the Superintendent. In case a petition for the revocation of a license 
is received from patrons, the Superintendent may dismiss it if the complaint', are of 
a frivolous character. A mere petition is not enough. Definite charges and speci- 
fications should be filed with it. When such charges are received, the Superintend- 
ent should fix an early day for the trial, notify the teacher of the pendency (jf 
charges and furnish him a copy thereof, and notify all parties interested of the 
time and place at which the trial will be held. An accurate record of all the pro- 
ceedings should be made and all papers filed, for use in case of an appeal to the 
Superintendent of Public Instruction. Whenever a license has been revoked, the 
Superintendent should make a record of the fact, and immediately notily all the 
Trustees of the county. — Smart, Supf. 

2. A LICENSE A VESTED RIGHT. A license having once been granted, the 
teacher acquires a proprietary interest in it. It is in one sense property. No 
teacher should be deprived of his license without an opportunity to answer charges 
that may be brought against him, whether by the County Superintendent or 
others. — Smart, Supf. 

3. Eevoking- IiICenses and dismissal of teachers. The license of a teacher 
guilty of forgery may be revoked; he must, however, be actually guilty of the 
crime, and while an indictment against him is strong evidence of his guilt, it is far 
from conclusive ; for on the trial he may be acquitted. The fact that he dismissed 
school to attend his trial, does not authorize his dismissal. The fact that many 
citizens of the vicinity of the school believe he is guilty, does not authorize the revo- 
cation of his license nor his dismissal. The fact that his teaching tends to lower the 
moral standard of the schools of the county, and hinder the County Superintendent 
in his efforts to uphold it, does not authorize his dismissal. A license can only be 
revoked for the causes enumerated in section 4426. If a majority of those entitled 
to vote at a school meeting petition the Trustee to dismiss him, the Township Trustee 
may do so, after due notice and good cause shown. A County Superintendent is not 
liable for revoking a license unless he acted maliciously. — Michner, Atty-Gen. 

4. Practice. When charges of incompetency are made against a teacher, 
those making the charges should be required to prove them by the oaths of such wit- 
nesses as have a knowledge of the facts. If the teacher fail in the government of 
his school, or ability to teach falls short of the proper standard, the Superintendent 
is justified in revoking the license, if these facts are proved. The examination of 
the teacher in technical school work has been settled by the issuing of a license to 
Jiim. The charges of incompetency should cover that part of the teacher's work 
along the line of the practical or administrative side of his work. Observations of 
the County Superintendent gleaned during his visits is proper evidence to be con- 
sidered in passing judgment upon the case. — LaFollette, Supt. Pub. Inst. 

5. Immorality. " An act is considered as immoral which is inconsistent with 
rectitude, contrary to conscience, wicked, unjust, dishonest or vicious." — Michener, 
Atty-Gen. 



60 SCHOOL LAW OF INDIANA. 

Frequenting saloons, throwing dice for the drinks, and using profane language 
is a sufficient cause for the revocation of a teacher's license. — LaFollette, Pub. SupL 

The license of a teacher who frequents a place of gambling and takes part in 
the game may be revoked. — LaFollette, Siipt. Pub. Inst. 

[1873, p. 75. Approved and in force March 8, 1873.] 

4427. Examinations— License. The County Superin- 
tendent shall hold at least one public examination in each month in the 
year in his county; and in no case shall he grant a license upon a 
private examination ; and all licenses granted by him shall be limited to 
the county in which they are granted. (S7) • 

1. Comments. The day of the examination should be the same in each month. 
If such a day is fixed and adhered to, convenience will be secured to teachers and 
to the public. As the object of the law will not be defeated, but rather promoted 
thereby, it is held that the examiner may hold more than one examination each 
month. An examination will be public in the sense here required when it is pub- 
licly announced and is held in a public hall or office. — Hoss, SupL 

[1865, p. 3. Approved and in force March 6, 1865.] 

4428. Record-book— Report to State Superin- 
tendent. The County Superintendent shall provide a blank-book at 
the expense of the county, in which he shall keep minutes of his pro- 
ceedings, and shall deliver said record, and all other books, papers, and 

•property appertaining to his office, to his successor, and take a receipt 
therefor. Said Superintendent shall, in the last week of May, annually, 
report to the Superintendent of Public Instruction, the names of the 
persons to whom he has granted license since the last report, for his 
county ; distinguishing between those licensed for six, twelve, eighteen, 
and twenty-four months ; giving the number of males, and the number 
of females, and total number licensed ; and the number, but not the 
names, of applicants for license who have been rejected ; and the num- 
ber of licenses revoked. (38) 

1. Note. — The amendment of the teachers' license law abolished the eighteen- 
months and created a thirty-six-months' license. This section was inadvertently 
not changed, but the report must be conformed to the new arrangement. — ^ 4425. 

2. Parol proof of contents of record. The presumption is that a County 
Superintendent kept a record of his proceedings, which is the best evidence of his 
acts in either granting or refusing a license; and in an action against him for mali- 
ciously withholding a license, oral proof of his admissions that he had granted a 
license to the applicant is inadmissible unless it is averred in the complaint and 
first shown that he kept no such record as required by the statute, or that such 
record is incorrect. Elmore r. Overton, 104 Ind. 548. 



SCHOOL LAW OF INDIANA. 61 

[1873. p. 75. Approved and in force March 8, 1873.] 

4429. General duties. The County Superintendent shall 
have the general superintendence of the schools of his county. He 
shall attend each Township Institute at least once in each year, when he 
shall preside at the same and conduct its exercise. He shall visit each 
school of the county at least once each year, for the purpose of increas- 
ing its usefulness and elevating, as far as practicable, the poorer schools 
to the standard of the best. He shall encourage Teachers' Institutes 
and associations, and shall labor, in every practicable way, to elevate 
the standard of teaching and to improve the condition of the schools of 
the county. In all controversies of a general nature arising under the 
school law, the opinion of the County Superintendent shall first be 
sought ; whence an appeal may be taken to the State Superintendent, 
on a written statement of facts, certified to by the County Superintend- 
ent : Provided, That nothing in this act shall be so construed as to 
change or abridge the jurisdiction of any Court in cases arising under 
the school laws of the State ; and the right of any person to bring suit 
in any Court, in any case arising under the school laws, shall not be 
abridged by the provisions of this act. He shall, at all times, carry out 
the orders and instructions of the State Board of Education and the 
Superintendent of Public Instruction, and shall constitute the medium 
between the State Superintendent and subordinate school officers and 
the schools : Provided, That city schools having a Superintendent em- 
ployed by their board may, at the request of said board, be exempt from 
the general superintendence authorized in this section. (39) 

1. Note. The Superintendent has the care and oversight of the schools of 
his county, with authority to direct in their organization and management. — Hop- 
kins, Supt. 

2. Visitation. The provision requiring Superintendents to visit their schools 
once a year is peremptory. If he fails to do- so, it is a good cause of removal. 
There can hardly be any grosser neglect than a failure to visit the schools at least 
once a year. — Baldwin, Atty.-Gen. 

To make his visitations of much value, the Superintendent ought to visit each 
school at least twice a year. This can be done under the law by giving each school 
a half day at a visit. I think it is safe to say it was the intention of the Legisla- 
ture that the vSuperintendent should be allowed at least as many days for visiting 
the schools as he has different teachers to visit. The Commissioners should not in 
any case restrict him to a less number of days than this, and if he is a prudent 
man it would be safe to let him visit at his own discretion. The restriction can be 
placed upon him at any time if it be shown he abuses his privilege. — Smart, Supt. 

3. Exemption of cities, This privilege is not extended to incorporated 
towns. The request should be addressed to the County Superintendent, and should 
be entered in the records of the City School Board. From the date of the request 
and so long as a City Superintendent is employed the County Superintendent has 



62 SCHOOL LAW OF INDIANA. 

no authority over tlie city schools, but such authority will revive if the City Board 
fails to employ a Superintendent. — Holcombe, Supt. 

4. Vaccination. The duty of enforcing rules regarding vaccination of 
school children lielongs primarily to Town, City and County Boards of Health, and 
secondarily, and after written notice from the State Iioard of Health, to the County 
Superintendent— £aW!!an, Alhj Gen. See R S 1881, §4994. 

5. Povs'ER AS TO COURSE OF STUDY AND RULES. The management and con- 
trol of the schools is conferred by law upon the Trustees, and this power involves 
the right to prescribe a course of study and make rules and regulations. But the 
Trustees also appoint a County Superintendent, who, in a large department of 
school government, is the representative and agent of the Trustees, and to him 
their powers are delegated so far as is necessary to successful administration. 1 
think, therefore, that if neither the County Board of Education nor the Trustees 
individually have taken the necessary action, the Superintendent may arrange a 
course of study and direct its enforcement in the schools, and may make reasonable 
rules and regulations, and the refusal of a teacher to obey the Superintendent in 
these particulars, would be such 'neglect of the business of the school' (§4426) as 
would warrant a revocation of his license, or would indicate such incompetence ' to 
successfully teach' (§4425) as would warrant a refusal to grant him another license. 
— Holcombe, Supt. 

6. Procedure tn appeals. ^ See §4438. 

riS73, p. 68. Approved and in force March 8, 1873.1 

4430. When must enumerate. When any Trustee 
shall neglect to file with the County Superintendent an enumeration of 
the children of the township, town or city, as required by section 4472, 
the County Superintendent shall, immediately after the first day of 
May in each year, employ a competent person to take the same, and 
allov*' a reasonable compensation for such services, payable from the 
special school revenue of the township ; and shall proceed to recover the 
same in the name of the State of Indiana, for the use of said revenue 
of said township, by action against the said Trustee in his individual 
capacity ; and in such suit the County Superintendent shall be a compe- 
tent witness. (40) 

[1883, p. 118. Approved and in force March 6, 1883.] 

4431. Annual reports. The County Superintendents shall, 
on or before the fifteenth day of May, annually, make out and forward 
to the State Superintendent the enumeration of their respective counties, 
with the same particular discrimination required of the Trustee. They 
shall, on or before the first day of September, annually, furnish the 
statistical information, which Trustees are required to report to them 
in such form as may be prescribed by the Superintendent of Public In- 
struction. They shall also furnish with such statistical report such 
additional information embodied in a written report relative to the con- 
dition of the schools, school houses, and the general progress of education, 



SCHOOL LAW OF INDIANA. 63 

etc., ill the county, as the State Superintendent may from time to time 
call for. On failure of any County Superintendent to make his report 
of enumeration by the first day of September [fifteenth day of May,] 
his county shall be subject to a diminution of twenty-five dollars in the 
next apportionment of school revenue by the State Superintendent ; and, 
on failure to make his statistical and other reports by the fifteenth [first] 
day of September, his county shall be subject to a diminution of ten 
dollars in the next apportionment likewise. The sum thus withheld 
may be collected from said County Superintendent, in a suit before a 
Justice of the Peace, prosecuted in the name of the State by any person 
living in said county who has children enumerated for school purposes, 
for the current year, and who is aggrieved by said diminution. Said 
suit shall be commenced within two years from the time when said re- 
port was due, and not afterward : Provided, That said County Super- 
intendent may discharge himself from liability to such suit by a certifi- 
cate of the postmaster, that said report was mailed in due time, together 
with his own affidavit of that fact. (41) 

1. Amendments explained. The school law of 1861 for the first time re- 
quired the Trustees to report the enumeration to the County Examiner, and the 
Examiner to report it to the Superintendent of Public Instruction. The report was 
then made on or before September 1st. The amendment of the section in 1878 
changed the date to May loth, as it still remains, and tixed September 15th as the 
date of the statistical report. The amendment of 1883 changed this latter date to 
September 1st. In re-writing the section for amendment in 1883 a mistake was 
made in the latter part by naming September 15th instead of May 15th, and the 
15th instead of the 1st of September, as the last days of grace for the several 
reports. — Holcovibe, Supl. 

2. Private institutions. County Superintendents are expected to furnish 
statistical and other reports relative to private schools, high schools, colleges and 
otlier private institutions of learning within their respective counties, so as to 
enable the Superintendent of Public Instruction to present a view of all the edu- 
cational facilities of the State. — Ilopkhin, Supl. 

3. Bureau op Statistics. County Superintendents are also required to fur- 
nish information to the State Bureau of Statistics. — See H433, note 4, and E. S. 
1881, §5720. 

(1865, p. 3. Approved and in force March 6, 1865.] 

4432. Apportionment— Report. The County Superin- 
tendent shall make out, from the lists of enumeration and the reports of 
transfers, the basis of the apportionment of school revenue to the sev- 
eral townships, towns and cities of their respective counties, and parts 
of congressional townships of adjoining counties whose congressional 
township fund is managed in their counties, and report the same to the 
proper County Auditors by the first day of June, annually, so as to 



64 SCHOOL LA^V OF INDIANA. 

enable County Auditors to accurately apportion the school revenue for 
tuition. (42) 

1. Congressional townships. The basis of apportionment should show, 
by number and range, the congressional townships, or parts of congressional town- 
ships, which form each civil township, the number of children enumerated in 
each of such parts ; also the whole number of children enumerated in each civil 
township. With the basis of apportionment he should file with the Auditor a sepa- 
rate statement showing what congressional townships whose funds are managed in 
his county are divided by the county line ; also, the number of children enumer- 
ated in each part of such townships. — Hohh, Supl. 

[1873, p, 75. Approved and in force March 8, 1873.] 

4433. Compensation. The County Superintendent shall 
receive four dollars for every day actually employed in the discharge of 
the duties required by this act. But before the County Commissioners 
shall allow his per diem, the same shall be presented in a bill of account 
stating, in separate items, the nature and amount of service rendered on 
each day for which he claims compensation ; which bill of account shall 
be verified by affidavit to the eifect that the same and each item thereof 
is just and true. The County Auditor shall draw his warrant on the 
County Treasurer for the amount allowed by the Board in favor of said 
Superintendent, and the Treasurer shall pay the said warrant out of the 
ordinary county revenues : Provided, however, That the said Board of 
Commissioners shall have power to determine the number of days in each 
year in which the County Superintendent may labor in the performance 
of the duties required of him in visiting schools : Provided, further, 
The number of days so allowed in each year for visiting schools shall not 
be less than the whole number of schools in such county over which 
such Superintendent has control ; and he shall receive no perquisites 
whatever. (43) 

1. Limitation of visits — mileage. Until the Board has established such 
limitation or number the Superintendent is justified in claiming pay for every day 
actually used by him in performing such duties ; and the Board can not, after he 
has performed such labor, then limit the number so as to reduce it below the num- 
ber of days he has labored in the performance of his duties in visiting the schools 
for the past year. They must establish such number before he has performed the 
labor, and if they do not and he exceeds the number they afterward establish, he is 
not bound by such action of the Board except as to work he may do in the future. 
The statute makes no allowance for mileage. — Baldwin, Athj-Gen.; § 4429, nole 6. 

2. Blanks— stationery — postage. The blanks for reporting condition of 
schools, and the printed course of study, ordered by the County Board of Educa- 
tion, may be paid for by the Trustees of each township, out of the special school 
revenue, and the bills presented by them to the Board of Commissioners in their 
annual settlements. In regard to blank forms of licenses being paid for by the 
county, that is a matter of economy for the Commissioners to decide upon. If they 



SCHOOL LAAV OF INUIANA. (jf) 

will not pay for such blanks, then the Superintendent must furnish them at his 
own expense or write them out. In the last case he would be entitled to charge 
his per diem while so actually employed. Probably, under ? 6028 E. S., the Board 
is authorized to furnish him stationery, which may include these blanks. So of 
postage and expressage. There are certain articles and information which the 
Superintendent must furnish the teachers and officers of schools. He can do this in 
person, or else by mail or express. When a letter will do as well as a personal 
visit, and it is necessary to convey the information, it is economy in the county to 
lurnish postage rather than have the Superintendent go personally and pay him at 
the rate of four dollars per day. — Baldivin, Atty-Gen. 

3. Office furnished. The County Commissioners are not required to fur- 
nish the County Superintendent an office. Even if they were required to furnish 
him an office, they would not, in the absence of a contract, be liable to him for 
the use of an office of his own for the purposes of the County Superintendent.-— 
Board %. Axtell, 96 Ind. 384. 

It is undoubtedly proper, and not at ail in conflict with the above decision of 
the court, that the Commissioners should allow the County Superintendent the use 
of a room in the court house, whenever possible. The newer court houses invaria- 
bly provide accommodations for the County Superintendent. — Hnlcomhe, Supt. 

4. Eeports to Bureau of Statistics. The duty imposed on tlie County 
Superintendent of schools, by R. S., 1881, g 5720, to make reports to the Bureau of 
Statistics, is an official duty imposed upon the officer, for which he is not entitled to 
compensation. — Yeager t. Board, 95 Ind. 427. 

5. From the fact that § 5720 (R. S. 1881) enumerates a large number of persons 
or classes of persons from whom reports may be exacted, I am of the opinion that 
each person or officer mentioned can be required to report only those matters with 
which their business makes them conversant. Thus the County Superintendent can 
be required to report the educational statistics of the county, but can not be made a 
collector of general information. — Holcombe, Supt. 

[1875, p. 131. Approved and in force March 9, 1875.1 

4434. Duty as to apportionment. Such Superintend 
ent shall see that the full amount of interest on school fund is paid and 
apportioned, and, when there is a deficit of interest of any b'chool fund, 
or loss of any school fund or revenue by the county, that proper war- 
rants are issued for the re-imbursement of the same ; l)ut no per centum 
beyond what is provided for herein and allowed, shall in any case be 
paid him by said Board of Commissioners. (6) 



[1873, p. 75. Approved and in force March 8, T873.] 

4435. Duty as to school fund. The ofiicial dockets, 
records, and books of account of the Clerks of the Courts, County 
Auditor, County Commissioners, Justices of the Peace, Prosecuting 
Attorneys, Mayors of cities, and Township and School Trustees, shall be 
open at all times to the inspection of the County Superintendent , and 

o— ScH. Law, 



66 SCHOOL LAV,' of INUIy\NA. 

whenever he shall find that any of said officers have neglected or refused 
to collect and pay over interest, fines, forfeitures, licenses, or other 
claims, due the school funds and revenues of the State, or have mis- 
applied the school funds and revenues of the State, or have misapplied 
the school funds or revenues in their possession, he shall be required to 
institute suit in the name of the State of Indiana for the recovery of the 
same, for the benefit of the school funds or revenues and make report of 
the same to the Board of County Commissioners and to the State Super- 
intendent. (7) 

1. Instituting suits. It was held by the Supreme Court, in Moore v. State, 
55 Ind. 360, that the section which now appears as § 5668 E. S. 1881, repealed so 
much of this section as authorized the Superintendent to bring actions, and made 
the Attorney (jeneral the only proper relator ; but in the later case of Carr v. State, 
81 Ind. 342, the Court overruled its former decision, saying : " We perceive no reason 
for saying that there is any inconsistency between this act which confers upon the 
Attorney General power to collect and to sue, and the previous acts which conferred 
similar power on other officers They may well stand altogether, and which ever 
officer first institutes a suit will have the precedence." In view of the uncertainty 
surrounding this question, it would probably be held to be a sufficient compliance 
with the law if the Superintendent should examine dockets and make an investiga- 
tion whenever he has reason to suspect that collections have been neglected, or 
school funds or revenues misapplied, by the officers named above, and should notify 
the Attorney General in case there seems to be ground for a suit. — Holcombe, Supl. 

2. Suit against township trustee. A County Superintendent may bring 
an action against a defaulting Township Trustee; but his right to bring such an 
action does not prohibit the successor of such Trustee suing his predecessor. — Nichols 
1. State, 65 Ind. 512. 

[1877, p. 122. Approved and in force March 2, 1877.] 

4436. County Board of Education. The County 

Superintendent and the Trustees of the townships, and the Chairman of 
the School Trustees of each town and city of the county shall constitute 
a County Board of Education. Said Board shall meet semi-annually at 
the office of the County Superintendent ou the first days of May and 
September (unless the said days be Sunday, and if so on the day follow- 
ing), a majority of whom shall constitute a quorum. The County 
Superintendent shall preside at the meetings of the Board, shall be 
allowed to vote on all questions as other members of the same are al- 
lowed to vote. Said Board shall consider the general wants and needs 
of the schools and school property of which they have charge, and all 
matters relating to the purchase of school furniture, books, maps, charts, 
etc. The change of text-books, except cities, and the care and manage- 
ment of township libraries, shall be determined by such Board, and each 
township shall conform as nearly as practicable to its action ; but no 
text-book hereg^fter adopted by the County Board shall be (;hanged 



SCHOOL LAW OF INDIAiSTA. H? 

within six years from the date of such adoption, except by unanimous 
vote of all the members of such Board. Provided, That any text-book 
heretofore adopted by the County Board of Education shall not be 
changed within three years from the date of its adoption. (8) 

1. Adjoxtrned, not called meetings. The law provides for the assembling 
of the county board semi-annually on the first days of May and September. The 
Board having met on the first day of September they would have a right to adjourn 
from day to day until the business before them was completed. But if they have 
adjourned sine die, they would not have a right to meet any more until the 1st day 
of May. — Woollen, Atty-Gen. 

I think this opinion of Attorney-General Woollen properly states the law on 
the subject. See State v. Harrison, 67 Ind. 71 ; Sackett v. State, 74 Ind. 491. — Hord, 
Ally- Gen. 

2. Quorum, course of study, rules and regulations, records, etc. In 
the absence of the County Superintendent the Board may appoint one of its mem- 
bers president pro tern. No action can be taken by the Board unless a majority of 
all the members are present. If such majority be present at any meeting the Board 
may take legal action upon suitable questions by a majority vote of those present ; 
but some questions require a majority vote, and others a unanimous vote, of all the 
members of the Board. 

The Board may adopt a course of study for the district schools, and rules and 
regulations for the government thereof, but it should not attempt to make rules for 
the schools of towns and cities. 

It is very important that school officers and county boards should make a 
careful record of their proceedings. If a board takes any legal action, and fails to 
record it, or makes an incorrect record, the record can be amended by order of the 
board at a subsequent meeting. A legal act is not necessarily void by reason of a 
failure to make a record of it ; but if a question should arise as to the action of a 
board, evidence may be taken at a subsequent meeting outside the records, and a 
new record may be made in accordance with the fact as ascertained. — Smart, Supf. 

The County Board and Trustees have the right to make such rules and regula- 
tions, according to law, as will tend to promote the general good of the public schools, 
and it is the duty of teachers to carry out such rules in good faith. — Bloss, Supt. 

3. Can not make contracts. The County Board of Education has no power 
to make contracts. It is merely a <jiuid corporation with but limited powers, and is 
novifhere authorized to contract, or sue or be sued. As a Board it has no control 
of revenues, nor power to order any expenditure. But all or any number of the 
Trustees may join together in purchasing or contracting for supplies, and such 
action may often be advisable. It is not, however, the action of the Board. — Hol- 
combe, Supt. 

4. Adopted books must be used. When the Board has adopted a list of 
text-books they become the legal books of the schools, and as such they should 
receive the support of all who are charged with the execution of the law. A Trustee 
has no right to introduce, nor a teacher to teach, any others. A refusal by a 
teacher to use the books adopted would be insubordination, and would show unfit- 
ness to teach, for one who will not obey the laws under which he is employed ought 
not to be a teacher of youth. He should be dismissed and his license revoked. 
It is not to be presumed that a district or township will refuse to obey the law. 



B^ SCHOOL LAW OF INDIAtvrA. 

Should a school officer or teacher so refuse, he may be compelled to obey by appli- 
cation to the court. — Woollen, Atty- Gen. 

5. Acts of 1889 and 1891. Tlie above section is inapplicable, so far as 
the adoption or change of text-books, since the acts of 1889 and 1891 ; and a num- 
ber of decisions of the State Superintendents under it are here omitted ; for the 
County Board of Education no^v has nothing to do with the selection of text-books. 

[1859, p. 181. Approved March 3, 1859, and in force August 6, 1859.] 

4437. School township. Each and every township that 
now is, or may hereafter be organized in any county in this State, is 
hereby also declared to be a school township, and, as such, to be a body 

politic and corporate, by the name and style of " school township 

of county," according to the name of the township and of the 

county in which the same may be organized ; and, by such name, may 
contract and may be contracted with., sue and be sued, in any court 
having competent jurisdiction. (1) 

1. Succession to districts. All school liouses heretofore built by districts 
become the property of the townships in which the districts are situated, all debts 
of districts become the debts of the townships, and all school houses must hereafter 
be built at the common expense and become the common property of the town- 
ships. — Lurrubee, Supt. 

2. Corporations distinct. There are two corporations in Greene County 
[conterminous in territory], with almost the same name. The iirst is de- 
nominated a civil township, the second a school township. It must be 
contemplated that the funds, etc., of these two corporations shall be kept separate. 
It is as an officer of the school township, and not as an officer of the civil township, 
that the Trustee has authority and power to levy, a tax for the erection of school 
houses^ and to expend the same for that purpose. We think it must follow that it 
is as Trustee of the school township, and not as Trustee of the civil township, that 
the Trustee must contract for the building of school houses. We do not think the 
Trustees of the civil township can legally contract for the building of a school house 
and make the civil township liable therefor. — Carmichael v. Lawrence, 47 Ind. 554; 
Utica Tp. f. Miller, 62 id. 230; Harrison School Township t. McGregor, 96 Ind. 185; 
Johnson v. Smith, 64 Ind. 275; Inglis i'. State, 61 Ind. 212; Wright v. Stockman, 59 
Ind. 65 ; Wingate v. Harrison School Township, 59 Ind. 520. A civil township has 
no power to make a contract for the benefit of school property. — Jackson Township 
V. Barnes, 55 Ind. 136; Jackson Township v. Home Ins. Co., 54 Ind. 184; McLaugh- 
lin v. Shelby Township, 52 Ind. 114; Mcllwaine r. Adams, 46 Ind. 580; Hornby (. 
State, 69 Ind. 102. Where an action is brought against a township, and the town- 
ship name, merely, is given, it is conclusively presumed that the action is against 
the civil township. To make a complaint effective against the school corporation 
it must, by appropriate averments, designate the school township, or its representa- 
tive, as the defendant. — Jarvis c. Eobertson, 126 Ind. 281; Braden i. Leibenguth, 
126 Ind. 336. 

3. Intention considered. But a note, showing on its face that it was given 
in payment for articles furnished for the use of schools, though executed by a Trus- 
tee apparently in the nai^ie of the civil township, binds the school township.— Moral 



SCHOOL LAW Ot' INDIANA. 69 

School Tp. V. Harrison, 74 Ind. 93 ; Johnson School Tp. v. Bank, 81 Ind, 575 ; Jack- 
son School Township v. Hadiey, 59 Ind. 534; White v. Kellogg, 119 Ind. 320. 

4. Will. A devise by will, for the support of the public schools, can be made 
to a township ; and a devise to a township, without saying whether to the school or 
the civil township is a devise to the school township. — Skinner v. Harrison Tp., 116 
Ind. 139. 

4438. Towns and cities. Each civil township and each 
incorporated town or city in the several counties of the State is hereby 
declared a distinct municipal corporation for school purposes, by the 
name and style of the civil township, town, or city corporation respect- 
ively, andv by such name may contract and be contracted with, sue and 
be sued, in any Court having competent jurisdiction; and the Trustee 
of such township, and the Trustees provided for in the next section of 
this act, shall, for their towjiship, town, or city, be School Trustees, and 
perform the duties of Clerk and Treasurer for school purposes. (4) 

1. Corporate names. It has been held, in very many cases, that the name 
of the school corporation is " the School Town (or City) of ," or " School Town- 
ship of county," and that, in this name, it must sue and be sued ; that instead 

of a distinct function bestowed on the civil or municipal corporation, an independ- 
ent and distinct corporation, for school purposes only, is created by this section ; 
and that section 4437 is still in force. — Carmicliael v. Lawrence, 47 Ind. 554 ; Hun- 
tington i\ Day, 55 id. 7 ; Jarvis v. Shelby, 62 id. 257 ; Harrison v. McGregor, 67 id. 
380. 

2. Corporations independent. Each civil township, and each incorporated 
town and city is a distinct school corporation, entitled to receive and expend its 
proper school moneys independent of any control by any other such corporation. 
— Johnson v. Smith, 64 Ind. 275. 

3. Designations in suits. The character in which an incorporated town may 
sue or be sued as a school corporation, may be designated either in the title of the 
action, as a school corporation, or in the complaint by an allegation of that fact. 
— Noblesville v. McFarland, 57 Ind. 335. But see Steinmetz v. State, 47 Ind. 465 ; 
Kobinson v. State, 60 id. 26; Inglis v. State, 61 id. 212. 

4. Property and revenues. When a village becomes incorporated, the 
school town thus created becomes, as Trustee by statute, the successor of the town- 
ship in the right to the possession and control of school property within its terri- 
tory. — Leesburg v. Plain Township, 86 Ind. 582. And as soon as school Trustees 
are appointed and qualified, they have a right to demand and receive of the Town- 
ship Trustee whatever suras of money he has received by reason or on account of 
the school children residing within or transferred to tlie town, and he can not law- 
fully withhold it on any ground. He received and held it in trust for those 
children. — Johnson v. Smith, 64 Ind. 275. 

5. The election of Township Trustees is provided for by ? 4735 and 5991 E. S. 

6. Corporations distinct. A civil township and the school township of the 
same territory are distinct corporations, and each must sue and be sued in its own 
proper corporate name, and neither can sue in the name of the other, or in that of 
the Township Trustee. So also a civil town and the school town are distinct cor- 
porations, which must sue and be sued in its own corporate name. — Wright c. 
Stockton, 59 Ind. 65. 



70 SCHOOL LAW or INDIANA. 

7. Power op school city. A city organized under the gteheral law for the 
incorporation of cities has no power to buy or give its promissory notes for a county 
seminary, though for school purposes in the city. That power belongs to the school 
corporation of the city. — State v. City of Terre Haute, 87 Ind. 212. 

8. Division op kkvenues. Where money has been apportioned to a school 
township and received by the Trustee thereof, some of which belongs to a school 
town afterwards organized, and he refuses to pay it over, he may be compelled by 
mandate to do so, and the School Trustees of the town are the proper relators in 
such a suit. — Hon v. State, 89 Ind. 249. 

9. Property of school corporation. Eeal estate and buildings held by a 
school corporation for school purposes are subject to appropriation for highways 
as is private property. — Kominger v. Simmons, 88 Ind. 453. 

10. Judicial notice. The Courts will not take judical notice of a township 
organization, nor its name. — Bragg v. Board of Com., 34 Ind. 405; Swails v. State, 4 
Ind. 516. 

11. Action. In dealing with a Trustee of a school township, all persons are 
bound to take notice of his official character, and to know that he can only bind his 
township by contracts which are shown to be authorized by law. Therefore a com- 
plaint against a school township, on a contract for school supplies, to be good, must 
allege that such supplies are necessary and suitable for the use of the public schools 
of the township, and that they had been delivered to and accepted by such town- 
ship. — Bloomington School Township v. National School Furnishing Company, 107 
Ind. 43 ; Platter v. Board, etc., 103 Ind. 360 ; Summers v. Board, etc., 103 Ind. 262 ; 
Eeeve School Township v. Dodson, 98 Ind. 497 ; Axt v. Jackson School Township, 
90 Ind. 101 ; Pine Civil Township v. Huber, etc., 83 Ind. 121. 

12. Summons. A summons in an action against a township must be issued 
against the township; and if issued against the Trustee of such township, a judg- 
ment thereon against the township is void. Vogel v. Brown School Township, 112 
Ind. 317 ; Vogel v. Brown Township, 112 Ind. 299. 

[1875, p. 162. Approved March 11, 1875, and in force August 24, 1875.] 

4438 a. Power to incur debt. Whenever it becomes 
• necessary for the Trustee of any township in this State to incur, on be- 
half of his township, any debt or debts whose aggregate amount shall 
be in excess of the fund on hand to which such debt or debts are 
chargeable, and of the fund to be derived from the tax assessed against 
his township for the year in which such debt is to be incurred, such 
Trustee shall first procure an order from the Board of County Com- 
missioners in which such township is situated authorizing him to contract 
such indebtedness. 1. (R. S. 1881, §6006.) 

4438 b. Petition to incur debt. Before the Board 
of Commissioners shall grant such order the Township Trustee shall file, 
in the Auditor's office of his county, a petition setting forth therein the 
object for which such debt or debts are to be incurred, and the approxi- 
mate amount required, and shall make affidavit that he has caused notice 



SCHOOL LAW OF INDIANA. 71 

to be given of the pendency of such petition by posting notices in not less 
than five public places in his township, at least twenty days prior to the 
first day of the session of said Board. [R. S. 1881, § 6007.] 

4438 C. Notice of days of business. 3. Such Town- 
ship Trustee shall designate certain days in each week or month, as may 
be required, in which he will attend to the business of his township, and 
cause notice thereof to be given to the inhabitants of such township ; 
and all contracts, and auditing, and payment of claims shall be made 
only on such designated days. [R. S. 1881, § 6008.] 

1. A contract or payment made upon a day not designated in the notice is as 
valid as if made upon one of the days so designated. The only effect the above 
section can have is to limit the pay of the Trustee by requiring him to have a few 
designated days upon which he will transact township business and charge therefor, 
and not permitting him to charge a day for his services whenever he may chance 
on such a day to sign a contract or pay a debt of the township. 

2. The above first two sections have no application to the ordinary debts of a 
school corporation contracted before the passage of the statute, incurred by the Trustee 
for the usual and necessary furniture, apparatus and other supplies of its common 
schools — Millerr. White Kiver School Township, 101 Ind. 50,3 ; but it does have appli- 
cation to all debts contracted since its passage. It applies both to the civil and 
school township. The Trustee can not build a school house, if its cost will make 
the aggregate debts chargeable to the special school fund exceed the amount of that 
fund on hand and to be derived from the tax assessed against the township for the 
year in which the debt is to be incurred, and he may be enjoined from so doing by 
a taxpayer of the township, unless he first obtain an order of the Board of County 
Commissioners authorizing the contracting of such a debt. — Middleton v. Greeson, 
106 Ind. 18 ; Boyd v. Black, School Township, 123 Ind. 1 ; Koseboom v. Jefferson 
School Township, 122 Ind. 377; Jefferson School Township v. Litton, 116 Ind. 467 ; 
Grimsley v. State, 116 Ind. 130. 

2. Township benefited. But if the Trustee disregard the above sections, 
and the property he purchased is received by the township, is retained by and is 
beneficial to it, the township will be liable for its value, whatever that may be, not 
to exceed its purchase price. — Boyd v, Black School Township, 123 Ind. 1. 

3. " Fund on hand." By the phrase, "the fund on hand," is meant the money 
actually in the hands of the Trustee ; and by the provision " the fund to be derived 
from the tax assessed against his township for the year in which such debt is to be 
incurred," is meant the amount to be derived from the tax assessed in the first 
calendar year and gollectible during the year in which the debt is to be incurred. — 
Jefferson School Township v. Litton, 116 Ind. 467. 

4. Legalizing act of 1883. By an act of 1883 (Acts 1883, p. 114) an in- 
debtedness incurred prior to the date, and in violation of the above sections, was 
legalized; and the legalizing act is valid. — .Jefferson School Township r. Litton, 116 
Ind. 467. 

5. Trustee's liability under act of 1883. The act of 1883 (Acts 1883, p. 
114) makes a Township Trustee who contracts any debt in the name or on the be- 
half of either his civil or school township contrary to the provisions of the above 



72 SCHOOL LAAV OF 1^■.DIAXA. 

two sections personally liable therefor, as well as liable on his oflScial bond ; but to 
render him thus liable the debt must have been contracted in the name or on the 
behalf of the township, and in violation of these sections ; and if the contract is 
made pursuant to these sections, he is not liable. — State v. Hawes, 112 Ind. 323. 

[1873, p. 135. Approved and in force March 12, 1875.1 

4439. School Trustees in cities and towns. The 

Common Council of eadi city and the Board of Trustees of each incor- 
porated town of this State shall, at their first regular meeting in the 
month of June, elect three School Trustees who shall hold their office, 
one, two, and three years respectively, as said Trustees shall determine 
by lot at the time of their organization, and, annually thereafter, shall 
elect one School Trustee, who shall hold his office for three years. Said 
Trustees shall constitute the School Board of the city or town; and, 
before entering upon the duties of their office, shall take an oath faith- 
fully to discharge the duties of the same. They shall meet within five 
days after their election, and organize by electing one of their number 
as president, one as secretary, and one as treasurer. The treasurer, be- 
fore entering upon the duties of his office, shall execute a bond, to the 
acceptance of the County Auditor, conditioned as in ordinary official 
bonds, with at least two sufficient freehold sureties, who shall not be 
members of said Board, in a sum not less than double the amount of 
money which may come into his hands, within any one year, by virtue 
of his office. The president and secretary shall each give bond, with 
like sureties, to be approved by the County Auditor, in any sum not 
less than one-third of the treasurer's bond. All vacancies that may 
occur in said Board of School Trustees shall be filled by the Common 
Council of the city or Board of Trustees of the town ; but such election 
to fill a vacancy shall only be for the unexpired term. The Board of 
School Trustees shall, each year, within five days after the annual elec- 
tion of a member, reorganize their Board and execute their respective 
bonds for the ensuing year. Said Trustees shall receive for their ser- 
vices such compensation as the Common Council of the city or the Board 
of Trustees of the town may deem just; which compensation shall be 
paid from the special school revenue of the city or town. (5) 

1. A trustee of an incorporated town may be elected to the office of school 
trustee.— State v. Meyer, 60 Ind. 288. 

2. As to the time of election, this section is merely directory ; and if omitted 
at the time, it may be made afterward. — Sackett v. Foreman, 74 Ind. 486. 

3. Kesignations. A resignation of a town or city school trustee should be 
addressed to the body that elects, and is complete without formal acceptance ; yet 
its withdrawal even after acceptance but with the consent of the electing body is 
ec| iiivalent to a reappointment. In case of such resignation an election to Jill the 



School law of Indiana. 78 

vacancy may be held before the day set for the resignation to take effect. — Leach r. 
State, 78 Ind. 570. 

4. Eesidence — Compensation. If a town or city officer moves out of his cor- 
poration he vacates his office. A married man can not, so long as he maintains the 
family intimacy, keep his family in one place and maintain his residence in an- 
other. But if a man is an actual resident of a town at the time of the election, 
there is nothing prohibiting his election and acceptance of the office of school 
trustee, although he is not at the time an actual voter. 

After a school trustee has performed labor under an ordinance fixing his sal- 
ary, his right to compensation can not be cut off by a repeal of the salary, but he 
can recover for services rendered at the rate fixed; yet during the employment the 
compensation may be modified as to the future, unless a contract has been made 
with the Trustee. — Baldwin, Atty-Gen. 

5. Power as to vaccination. School Trustees have the power, as a meas- 
ure of public safety and to guard against a contagious disease, to order school chil- 
dren to be vaccinated, but they should exercise it with discretion. In some locali- 
ties there is no earthly danger of small-pox ; in others — as a crowded city — when 
the disease has made its appearance immediate measures should be taken.^^aZd- 
ivin, Atty-Gen. 

6. School board independent. The Board of Town Trustees can not re- 
move a school trustee from office. There is no law for it. The Town Trustees have 
no control over the action of the School Board, which has complete control over all 
the school concerns of the town except levying school taxes. County Commission- 
ers have no power to allow a Town Treasurer compensation out of the school reve- 
nue of the town. — Baldwin, Atty-Gen. 

But the School Trustees can not purchase ground or enter into contracts for 
building except with the approval of the Common Council or Town Trustees. — §4491. 

7. Office lucrative. As the statute provides for the compensation of Town 
School Trustees, their office is a lucrative one within the meaning of the constitu- 
tion, and a person can not hold it at the same time with another lucrative office.^ — • 
Hord, Atty-Gen. Chambers v. State 26 N. E. Rep., 893. 

8. Casting vote — Resolution. The Common Council of a city may elect a 
School Trustee by resolution, and in case of a tie vote on such resolution the Mayor 
may decide by giving the casting vote. — Woollen, Atty-Gen. 

9. Suit against towns. A complaint against a school town alleging the 
employment of plaintiff by the defendant to teach school and breach of the con- 
tract, is sufficient without alleging employment by the Trustees of the town or that 
the town was incorporated, or that there was a Board of Trustees. In such a case 
a paragraph of a complaint founded on an account is good. — Town of Rochester v. 
Shaw, 100 Ind. 268. 

10. Officer de facto. Pending suit to determine who is School Trustee, 
the courts will compel the County Auditor to recognize the Trustee in possession. — ■ 
Leach v. Cassiday, 23 Ind. 449. Hold-over Trustees can bind the school corpora- 
tion.— School Town of Milford v. Zeigler, 27 N. E. Rep. 303. 

11. Amendment of 1875. This section was amended in 1875, and it super- 
ceded and took the place of the amendment of 1873 (Acts 1873, p. 68). — Blakemore 
V. Dolan, 50 Ind. 194. 

12. Abolishing OFFICE. The legislature may abolish the office of School 
Trustee, or shorten or lengthen the term thereof. — Blakemore v. Dolan, 50 Ind. 194, 



Y4 SCHOOL LAW OF INDIANA. 

13. Old Board's contract. A contract made by the Board of School Trust- 
ees of an incorporated town or city with a school superintendent or a teacher, prior 
to the annual election, in June, of a new member of the Boax'd, and the reorganiza- 
tion required by statute, for services to be performed after the election of such 
member, is valid and binding on the school corporation. — Keubelt v. School Town 
of Noblesville, 106 Ind. 478. 

14. Mandamus. Mandamus lies to compel a school officer to deliver the 
records, books and papers of the office to his successor. — Frisbie v. Clarksville, 78 
Ind. 269 ; and to compel the Trustees of a town or city to elect School Trustees. — 
Michener, Atty- Gen. 

15. Failure to give bond. The office of School Trustee is not vacated by 
the failure to give bond as president, secretary or treasurer of the Board. — Miche- 
ner, Atty- Gen. 

16. Extending term. The provision of the constitution ( K. S. 1881, g 225 ) 
extending the regular terms of officers until their successors "shall have been 
elected and qualified," applies to School Trustees; and such Trustees continue in 
office until their successors have not only been elected but have taken their oath of 
office and have filed their official bonds. — Michener, Atty-Gen. School Town of Mil- 
ford V. Powner, 126 Ind. 528. 

17. Allowance by Board. The Board must pass upon all claims, and the 
Treasurer must obey the voice of the majority, and he can not pay out funds with- 
out the claims first being "allowed" by the Board. — LaFollette, Supt. Pub. Inst. 

18. Board acts as a unit. The Board must act as a body, not as individ- 
uals, the majority ruling; and their action should be recorded. — LaFollette, Supt. 

Pub. Inst. 

But where one of the School Trustees of a town signed a contract of employ- 
ment with a teacher in one of the schools of the town, and at a called meeting the 
contract was adopted by the Board and signed by another member, it became bind- 
ing upon the town. — School Town of Milford v. Powner, 126 Ind. 528. 

• [1865, p. 3, Approved and in force March 6, 1865.] 

4440. Trustee's bonds— Vacancy. The County Audi- 
tor in fixing the penalty and approving and accepting the bonds of such 
Tru.stees, shall see to their sufficiency to secure the school revenues 
which may come into their hands, as well as the ordinary township or 
other revenue. In case of a vacancy in the office of Trustee, the County 
Auditor shall appoint a person to fill the same, who shall take an oath 
and give bond as required in the last preceding section ; and said Auditor 
shall report to the Superintendent of Public Instruction the name and 
postoffice address of each Trustee. (6) 

1. Bond does not cover borrowed money. There is here a clear implica- 
tion that the only money which a Trustee can officially receive is that yielded by 
the school revenues. Money obtained by borrowing can not be said to be school 
revenue, and the penalty of the bond does not extend to such money. — Wallis v, 
Johnson Tp., 75 Ind. 372. 

2. Title to school money. A Trustee, like a County Treasurer, is liable on 
his bond for all money that may come into his hands by virtue of his office, what- 
ever may become of the money. He is not a mere bailee, but the legal technical 
title to the money in his hands is in himself. — Eock v. Stinger, 36 Ind. 346. 



SCHOOL LAW OF INDIANA. 75 

3. Use not conversion. The mere use, by the Trustee, of school revenues of 
the township in his own business, is not such a conversion of the money as consti- 
tutes a breach of the conditions of his bond. — Brown v. State, 78 Ind. 239 ; Board v. 
State, 79 Ind. 270; Goodwin v. State, 81 Ind. 109. 

4. When not eni'ITLED to interest. Title to such revenues does not vest in 
a Trustee till they are actually drawn by him out of the treasury, and he is not en- 
titled to interest on warrants issued against them. — Hadley v. State, 66 Ind. 271. 

5. Vacancies. Section 4439, passed in 1875, takes away from the Auditor 
the power of filling vacancies in the office of Town or City School Trustees ; and the 
Board of County Commissioners, if in session when the vacancy occurs, or before it 
is filled, fills a vacancy in the office of Township Trustee ; but if the vacancy oc- 
curs when they are not in session, the County Auditor may fill it. K. S. 1881, 
§ 5996; Cooper v. State, 113 Ind. 70. 

I believe it is considered that a person appointed to fill a vacancy in an office 
holds such office until his successor is elected and qualified. The Supreme Court seem 
to have so regarded the question. See Urmston v. State, 73 Ind. 175. — Baldioin, 
Atty-Gen. 

6. Resignation. When a City School Trustee resigns his office, to take effect 
at a future day, the City Council may elect to fill the vacancy before the day fixed 
for the taking effect of the resignation. — Leech v. State, 78 Ind. 570. 

[1883, p. 118. Approved and in force March 6, 1883.] 

4441. Trustees manage revenues— Reports. The 

School Trustees of every township, incorporated town or city, shall re- 
ceive the special school revenue belonging thereto, and the revenue for 
tuition which may be apportioned to his township, town or city, by the 
State, for tuition or [for] the common schools, and shall pay out the 
same for the purpose for which such revenues were collected and appro- 
priated. Such Trustees shall keep accurate accounts of the receipts and 
expenditures of such revenues, and shall render to the County Commis- 
sioner, annually, on the first Monday of August, for the school year 
ending on the thirty-first day of July, and as much oftener as they may 
require, a report thereof, in writing. Said Board of Commissioners 
shall hold a session on said Monday to receive said reports. They shall 
clearly and separately state : 

First. The amount of special school revenue and of school revenue 
for tuition on hand at the commencement of the year then ending. 

Second. The amount of each kind of revenue received within the 
year, giving the amount of tuition revenue received at each semi-annual 
apportionment thereof. 

Third. The amount of each kind of revenue paid out and expended 
within the year. 

Fourth. The amount of each kind of revenue on hand 9,t the date of 
said report, to be carried to the new account. 

And shall, with said report, present and file a detailed account current 
pf the receipts aod paymeijts for the year, and support the sasie by 



76 SCHOOL LAW OF INDIANA. 

proper vouchers ; wMcli report and account current shall each be duly 
verified by affidavit; and Avhen the said County Commissioners are 
satisfied that said report is full, accurate and right in all respects, and 
that said account is just and true, they shall allow and pass the same; 
which shall have the effect to credit the Trustee for the expenditures. 
A copy of said report, as passed and allowed by the County Commission- 
ers, shall, within ten days after its date, be filed by the Trustee with the 
County Superintendent of the county, and upon failure of the Trustee 
to discharge any of the duties required of him relative to schools and 
school revenues, the Board of County Commissioners shall cause suit to 
be instituted against him, on his official bond, and in case of recovery 
against him, the court rendering the judgment shall assess upon the 
amount thereof ten ^er cent, damages, to be included in said judgment. 
(7) 

1. Conversion. The application, by a Trustee, of tuition revenue to special 
school, road, or civil township purposes is a conversion of so much of the fund and 
a breach of his bond, — Kobinson v. State, 60 Ind. 26 ; Brown v. State, 78 Ind. 239 ; 
Board v. State, 79 Ind. 270. The suit may be brought on the relation of his suc- 
cessor. — Steinmetz v. State, 47 Ind. 465 ; Robinson v. State, 60 id. 26. 

2. Liability of Tii'^tstee. The Trustee is absolutely liable for the loss of 
the funds, by whatevoi- ca iialty. Depositing in a solvent bank, by advice of State 
and County Superintendent and County Board, if loss result, is no defense. — Inglis 
V. State, 61 Ind. 212; Board v. State, 79 Ind. 270. 

3. School Board independent. The School Trustees of a city or town act 
independently of the City Council or Board of Town Trustees in receiving and 
expending the school revenues, and their action can not be controlled by the latter. 
—Johnson v. Smith, 64 Ind. 275. But see ? 4491. 

4. Officer de facto. ' Where Trustees have been duly elected, comjnissioned 
and qualified, giving the bonds required by law, such bonds will be binding, and 
although the Trustees may be disqualified from holding the ofhce, if the question 
were properly presented, yet funds coming into their hands while acting will be se- 
cured by their bonds. — WooUen, Atty-Gen. 

, 5. Mistake in settlement. When a Township Trustee fails, to keep the ac- 
counts required by this section, and by reason thereof, and by reason of mislaying 
vouchers, he fails in his annual settlement with the County Commissioners to claim 
or receive credit for a certain sum properly paid out by him, he can not afterward 
recover for the amount so paid. — Britt v. Jennings Township, 81 Ind. 69. 

6. Writ or mandate. Mandamus lies by a School Trustee to compel de- 
livery by his predecessor of the records, books and papers of the office, and to 
compel the payment of money which the Trustee is required by law to apply to 
school purposes.— Frisbie v. Fogg, 78 Ind. 269 ; State v. Goldsberry, 69 Ind. 430 ; 
Hiatt V. State, 110 Ind, 472; Brown v. State, 78 Ind. 239. 

7. Assessment or damages. In a suit on the bond of a School Trustee the 
Court, in rendering judgment upon the verdict, should add ten per cent, to the 
amount found by the jury.— "Watson v. State, 80 Ind. 212; State v. Goldsberry, 69 
Ind. 430 ; Hiatt v. State, 110 Ind. 472; Brown v. State, 78 Ind. 239. And the pro- 
yisioR to that, effect is imperative,— Brown v. State, 78 id. 230, 



SCHOOL LAW 0¥ INDIANA. i'J 

8. Making loans — Anticipating revenues. The powers of Trustees in 
these particulars have not been generally understood, as is shown by many letters 
of inquiry received at the Department. I have, therefore, tried to give a full expo- 
sition of the law on the subject, as follows : 

They can not borrow money. There is nothing in the statute from first to last in- 
dicating that a Township Trustee can rightfully obtain money from any other 
source than the school revenues. There is a plain and unmistakable purpose on 
the part of the Legislature to confine the Trustee to the funds expressly provided, 
and not permit him to go out into the business world as a borrower. * * * The 
money is supplied to them, and they must take it as supplied, and not attempt to 
devise or create other sources of supply. — Wallis v. Johnson Township, 75 Ind. 368. 

Are liable for money had and received. Where money is loaned to a Township 
Trustee for the use and benefit of the school township represented by him, and the 
school township receives the benefit of the money, it is liable therefor; and though 
the note of the Trustee attempting to bind the township for the loan be held void, 
yet the liability of the township remains as for money had and received. — Bickneil 
V. Widner Tp., 73 Ind. 501 ; The Bank v. Union Tp., 75 Ind. 361. 

May execute notes for dxbts. A school township, by and in the name of its 
Trustee, may execute a valid negotiable promissory note for any debt contracted for 
the benefit of its property ; but it is not governed by the law merchant, and an 
assignee takes it subject to all defenses. — Sheffield Tp. ■;;. Andress, 56 Ind. 157. The 
Board of School Trustees of an incorporated town have power to execute a valid 
negotiable promissory note, by and in the name of such Trustees, binding upon the 
school corporation for any debt contracted for the benefit of its property. — Town of 
Monticello v. Kendall, 72 Ind. 91. A note executed by a School Trustee and given 
in payment for certain school maps was held to bind the school corporation. — 
Moral Tp. v. Harrison 74 Ind. 93. The same was true of a note given for dictiona- 
ries. — Jackson Tp. v. Hadley, 59 Ind. 534; and for school furniture. — Johnson Tp. 
V. Bank, 81 Ind. 515. But School Trustees have no power to bind their corpora- 
tions by notes given for money borrowed. — Wallis v. Johnson Tp., 75 Ind. 368. 

[Since the above was written by Superintendent Holcombe it has been decided 
that a Township Trustee may execute a note for school furniture that is prima facie 
valid and binding on the school township. — Miller i\ White Eiver School Tp., 101 
Ind. 503.] 

May anticipate certain revenues. The only portion of the school revenues which 
the School Trustees may not expend in anticipation is the school revenue for tuition 
belonging to the State and by it apportioned. — Harvey v. Wooden, 30 Ind. 178. 
But this is very far from deciding that money may be borrowed by the Trustee. — 
Wallis V. Johnson, 75 Ind. 368. 

When may issue bonds. A Township Trustee, in case of a bequest or gift ex- 
ceeding five thousand dollars, to an unincorporated town in his township, condi- 
tioned upon the raising of a like sum by the citizens of the township, may, upon 
petition of a majority of the legal voters thereof, issue and sell the bonds of the 
township to an amount not exceeding fifteen thousand dollars. — ? 4514. School 
bonds of cities and incorporated towns are issued by the Common Council or Board 
of Town Trustees, but in no case by the School Board. — ? 4488. 

Conclusion. The conclusion, from a careful comparison of the authorities, is 
that School Trustees have no power to borrow money ; but they may bind their cor- 



78 SCHOOL LAW OF INDIANA. 

porations by promissory notes for the payment in future of valid pre-existing debts, 
or for the repayment of money advanced to liquidate such debts. The indebted- 
ness of all corporations is limited by the Constitution ( E. S. 1881, § 220 ) to two per 
cent, on the value of taxable property. — Holcombe, Siipt. 

Certificates of indebtedness issued without any coiisideration are invalid, and 
can not be enforced against the township, even if the proper officers promise to pay 
them. — Axt. r. Jackson vSchool Tp., 90 Ind. 101. Such a certificate is void even in 
the hands of an innocent purchaser. — State r. Howes, 112 Ind. 323; Boyd r. Mill 
Creek Scliool Tp., 114 Ind. 210; Grimsley r. State, 116 Ind. 130. 

In an action against a school tdwnship for articles purchased by the township, 
[t must be shown that they were suitable or necessary, and that they were received 
or used by the township. — Eeeve v. Dodson, 98 Ind. 497 ; Bloomington School Tp. v. 
National School Furnishing Co., 107 Ind. 43; State v. Howes, 112 Ind. 323. Deliv- 
ery of the goods to a railroad company to be transported to the township is not such 
a delivery as will bind the township for goods purchased which are not suitable; 
but if actually received by the township and used, the contract is valid. — Boyd v. 
Mill Creek Tp., 114 Ind. 210; Litton v. Wright School Tp., 27 N. E. Eep. 329. 

9. Penalties. vSee ^ 4451 and 4452. 

10. MiSAPPROFKiATiON. A trustee of schools who has had no part in the 
misappropriation of funds of the corporation is not liable therefor.— State v. Julian, 
93 Ind. 292. 

11. Effect of § 4438 a and 4438 b. A Township Trustee can not, with- 
out first procuring an order of the Board of County Commissioners, in accord- 
ance with these sections, incur a debt in behalf of a school township for school sup- 
plies in excess of "the fund on hand" (which means money actually in the hands 
of the Trustee), to which such debt is chargeable, and of "the fund to be derived 
from the tax assessed against his township for the year in which such debt is to be 
incurred" (which means the amount to be derived from the school tax assessed in 
the prior calendar year and collectible during the year in which the debt is to be 
incurred). — Jefferson vSchool Tp. v. Litton, 116 Ind. 467; Koseboom v. Jefferson 
School Tp., 122 Ind. 377; Middleton v. Greeson, 106 Ind. 18; Boyd v. Black School 
Tp., 123 Ind. 1 ; State v. Hawes, 112 Ind. 323; {contra, Miller v. White Eiver School 
Tp., 101 Ind. 503). vSee ? 4438 c, notes 2 to 5. 

12. Sessions of Board of County Commissioners. The sessions of the 
Board of County Commissioners under this section is for the sole purpose of receiv- 
ing from the School Trustees reports, as herein provided for, and taking action 
thereon, and the Board has no power to transact any other business. — Fahlor v. 
Board of Commissioners, 101 Ind. 167. 

13. Who may bring action on bond. The incoming town or city Treas- 
urer is tlie proper person to bring suit against the outgoing Treasurer, on his bond, 
for a failure to turn over the school funds to him ; and he may do so without an 
order of the Board of County Commissioners. — Hiatt v. State, 110 Ind. 472; Strong 
V. State, 75 Ind. 440. 

> 14. Over payment. If a Treasurer pays more than he is required to pay to 
liis successor, he must bring an action to recover the amount of such over-payment 
within six years after the fact of payment ; and if such over-payment was occa- 
sioned by his failure to keep proper vouchers and accounts, and he settled with 
the County Commissioners without making claim therefor, he can not recover the 
amount thereof, — Butt i\ Jeunings School Towpship, 81 Ind. 69, 



SCHOOL LAW OF INDIANA. 79 

15. Advancing money. A Township Trustee, who, ia good faith, employs 
necessary and pi-oper teachers, and when it is unexpectedly found that the public 
funds provided are insufficient to pay them in full, advances the deficit out of his 
own money, has a demand against the school township which he may recover. — 
Kiefer c. Troy School Township, 102 Ind. 279 ; Murphy v. Oren, 121 Ind. 59. And 
so may a city or town Treasui'er who advances money under like circumstances. 

16. Mixing funds. The several school funds should be kept separate; but if 
payment is made out of the wrong fund, the fund from which it should have been 
made can be drawn upon to make up the deficiency in the over-drawn fund; and 
in a suit against the Trustee, he should have credit in this way. State v. Finney, 
125 Ind. 427; Murphy v. Oren, 121 Ind. 59; Finney v. State, 126 Ind. 577. 

17. Officer de facto liable can not deny liability. It is no defense 
to an action by a school corporation to recover its moneys of one who had intruded 
unlawfully into the office of treasurer of the corporation, that another is holding that 
office. — Lucas v. State, 86 Ind. 180. 

18. Ownership of fund. The officer holding the school funds for the time 
being is the owner thereof, and entitled to all the interest that he may receive by a 
loan of the funds.— Brown v. State, 78 Ind. 239 ; Bocard v. State, 79 Ind. 270 ; Eock 
V. Stinger, 36 Ind. 346 ; Shelton v. State, 53 Ind. 331 ; but if he receives the intei-est 
accruing on warrants issued by the County Auditor on the County Treasurer, he is 
liable for the amount of such interest thus received. — Hadley v. State, 66 Ind. 271 . 

19. Refunding to Trustee. An act of the Legislature refunding to a 
School Trustee, out of the funds of his school corporation, moneys lost without his 
fault, is valid.— Mount r. State, 00 Ind. 29. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4442. Record — Duty as to revenue. The Trustees 

shall keep a record of their proceedings relative to the schools, includ- 
ing all orders and allowances on account thereof ; including, also, ac- 
counts of all receipts and expenditures of school revenue, distinguish- 
ing between the special school revenue belonging to their township), 
town, or city, and the school revenue for tuition, which belongs to the 
State, and by it apportioned to their township, town or city ; which said 
revenue for tuition they shall not permit to be expended for any other 
purpose, nor even for that purj)ose in advance of its apportionment to 
their respective corporations. (8) 

1. Note. This restriction on spending money in advance does not apply to 
money raised under ? 4469 and 4470. — Harvey v. Wooden, 30 Ind. 178. 

2. Tuition revenue. From the various provisions of the law upon this sub- 
ject, it is understood that no portion of this money can be lawfully applied to any 
other purpose than the payment of the wages of teachers in the common schools of 
the State. It can not be used to pay fees to the County Auditor, or Treasurer, or 
Township Trustee, or Superintendent of a graded school, or a janitor, or a librarian, 
or for fuel, furniture or repairs. — Rugg, Supt. 

3. Embezzlement. The application of money belonging to one fund to the 
use of another is a criminal offense, the punishment of which is imprisonment in 



so SCHOOL LAW Oi-' INDIANA. 

the State prison for not less than one nor more than five years, a fine of not less 
than one nor more than one thousand dollars, and disfranchisement, and incapacity 
to hold any office of profit and trust. — R. S. 1881, § 1951. 

4. Misdemeanor. If any Township Trustee shall refuse to pay any just claim 
or demand against any fund of said township, when the money belonging to said 
fund is in his hands, he shall be deemed guilty of a misdemeanor, and, on convic- 
tion, shall be fined in any sum not less than ten dollars and not exceeding fifty 
dollars.— E. S. 1881, § 2050. 

5. Liability. A Trustee of schools who has had no part in the misapplica- 
tion of tuition revenue is not liable therefor. — State v. Julian, 93 Ind. 292. 

G. Ikspectign of books. School Trustee's records, either of a city, town or 
township, are public records, always open for public inspection, and any one inter- 
esteri therein has a right to examine them. Anderson School Township i'. Thomp- 
son, 92 Ind. 556. 

7. Payment or claims. Mandamus lies to compel a Township Trustee or a 
Board of School Trustees to pay a valid claim. — Frisbie r. Fogg, 78 Ind. 269. 

4443, Annual statement. The Township Trustees and 
the School Trustees of incorporated towns and cities shall, immediately 
after their annual settlements with the County Commissioners, in Octo- 
ber [August] make a full statement of all their receipts and expendi- 
tures, for the year preceding, relative to their schools. (9) 

1. The time for making the annual settlement with commissioners was changed 
in 1883 from October to August.—? 4441. 

2. Civil and school townships. The conclusion is inevitable that every 
Township Trustee must make a report within five days after the last Saturday of 
each February, and that such report must contain a statement of all the receipts 
and expenditures of all the revenues of the civil township (R. S. 1881, § 5998) ; but 
it need not contain a report of the receipts and expenditures of the scJiool revenue of 
the township, unless the Board of County Commissioners require it. On the first 
Monday after the second Tuesday in October [now the first Monday of August] 
every Township Trustee must make a report of all the receipts and expenditures 
of the school revenue of his township, but not of the receipts and expenditures of 
the civil township. — Baldivin, Atty-Gen. 

4444. General duties. The Trustees shall take charge of 
the educational affairs of their respective townships, towns, and cities. 
They shall employ teachers ; establish and locate, conveniently, a suffi- 
cient number of schools for the education of the white children therein ; 
and build, or otherwise provide, suitable houses, furniture, apparatus, 
and other articles and educational appliances necessary for the thorough 
organization and efficient management of said schools. They may also 
establish graded schools, or such modifications of them as may be prac- 
ticable ; and provide for admitting into the higher departments of the 
graded school, from the primary schools of their townships, such pupils 
as are sufficiently advanced for such admission. They shall have the 



SCHOOL LAW OF INDIANA. 81 

care and management of all property, real and personal, belonging to 
their respective corporations for common school purposes, except the 
congressional township school lands ; which lands shall be under the care 
and management of the Trustee of the civil township to which such lands 
belong. (10) 

1. Power of trustee. The Township Trustee is clothed with almost auto- 
cratic power in all school matters. The voters and taxpayers of the township have 
but little, if indeed any, voice or part in the control of the details of educational 
affairs. So far as actual authority is concerned, the Trustee is the corporation, 
although in contemplation of law it is otherwise. — Wallis v. Johnson Tp., 75 Ind, 
374; Bicknell v. Widner Tp., 73 Ind. 501. See I 4441, note 8. 

2. Pateoks can not designate teachers. There is no provision of the law 
authorizing any other person than the Trustee to select a teacher. It is therefore 
held that the provision authorizing the Trustee to employ teachers, also authorizes 
him to select them, and that school meetings are not empowered by the law to 
designate or employ teachers. That power was taken from them in 1873. In some 
townships the Trustees by courtesy permit the voters of districts to select their 
respective teachers. I doubt their right to do so. The law wisely holds the Trus- 
tees responsible for the faithful performance of this duty. He is bound to obtain 
the best teachers that his money will secure. He has no right to employ a poor 
teacher when his money will control the services of a good one. He has certainly 
no right, then, to put it out of his power to thus use his best judgment in the 
selection. — Smart, Supt. 

3. CoTiNTY can not btjili) SCHOOL HOUSE. A board of County Commissioners 
has no authority to make an appropriation of any sum out of the general fund of 
their county for the erection of a school building. — Eothrock i\ Carr, 55 Ind. 334. 

4. Abandoned corporation. In case a town abandons its corporation, the 
powers and duties of the Board of School Trustees cease, the Township Trustee suc- 
ceeds thereto, and it becomes his duty to take charge of the schools without special 
notice. If he refuses to act, he becomes liable to prosecution. — Baldtvin, Atty-Oen. 

5. Trustee can not employ himself. You ask me whether a Township 
Trustee has a right to teach school in his own township. In answer, I have to say 
that a Township Trustee, being the agent of the State to employ teachers for the 
public schools, is not authorized to employ himself, and such a practice, if it exists, 
is contrary to law, and should be discontinued. — Woollen, Atty-Oen 

6. Contracts with teachers. A teacher contracts with the school township 
through its Trustee, and although the Trustee squanders the township funds and 
his bond is worthless, yet the township is liable to pay the teacher as specified in 
the contract. A verbal contract with a School Trustee to teach a school is as bind- 
ing as a written contract. If the Trustee had employed a teacher for the term or 
school year before the patrons of that district had petitioned him to have the Ger- 
man language taught in that district, then he was justified in paying no attention 
to their petition. — Baldwin, Atty-Gen. Harrison School Tp. v. McGregor, 96 Ind. 
185; Harmony School Tp. v. Moore, 80 Ind. 276. 

7. When contracts may be made. It would be detrimental to the public 
interests to permit retiring officers to bind their successors in the matter of employ- 
ing teachers for the succeeding year, as they might foist upon them persons that 

6 — ScH. Law, 



82 SCHOOL LAW OF INDIANA. 

were highly objectionable, and thus destroy that harmony which should exist be- 
tween employers and employes. As there seems to be no necessity for earlier ac- 
tion, I think the teachers should be employed by the Trustees who are required to 
manage the schools during the school year. — Woollen, Ally- Gen. 

But a contract made by the Board of School Trustees of an incorporated town 
or city with a School Superintendent, prior to the annual election of a new member 
of the board and the reorganization required by statute, for services to be performed 
after the election of such member, is valid and binding on the school corporation. — 
Keubelt v. School Town of Noblesville, 106 Ind. 478. The same rule applies to the 
employment of a teacher.— School Town of Milford v. Zeigler, 27 N. E. Eep. 303. 

8. Eesignation op teachek. The relation existing between Trustee and 
teacher is based on a contract. A teacher can not resign without the consent of the 
Trustee. To abandon his school without such consent is a violation of his contract, 
and gives the Trustee a claim against him for any damages actually sustained by 
the school in consequence thereof. But the Trustee will withhold any part of the 
wages due the teacher at his peril, for unless actual damages can be proved the 
teacher may recover in a suit the amount withheld. — Holcombe, Swpt. 

9. Location of houses. — Title. The title to property on which a school 
house is to be built must be in the school corporation ; and by proper proceedings 
land may be condemned for school purposes. — § 4508, 4517-4519. 

Trustees must not build outside their own jurisdiction, since the franchises of 
a school corporation can not extend beyond its own territory so as to attach to land 
or school buildings outside the corporate limits. — Mt. Carmel v. Shields, 66 Ind. 521. 

I do not think the law authorizes a Trustee to invest township funds in a joint 
stock company for the construction of a school house. But he may, having a deep 
for the land on which the school house stands, build one or more rooms or stories 
of such house, permitting other parties, or a joint stock company, to build addi- 
tional rooms or stories thereto, upon such conditions as will secure the protection 
and right use of that part owned by the township. — Hopkins, Supt. 

A school meeting of a district may petition the Trustee for the removal of the 
school house to a more convenient location, for the erection of a new one, etc., but 
the Trustee may exercise a sound discretion as to the propriety of taking such 
action. — § 4499. 

10. Peoviding houses, furniture, etc. ■' The school authorities are not bound 
to furnish educational facilities beyond those which the funds, devoted by law to 
that purpose, will yield. It is not for them to burden the school township with 
debt by borrowing money. Their duty is fully performed and their power com- 
pletely exhausted when they have properly expended all money derived from the 
school revenue. — Wallis v. Johnson Tp., 75 Ind. 375. But where money had been 
loaned to a Township Trustee for the purpose of completing a needed and suitable 
school house, the school township receiving the benefit of the loan was held to be 
liable therefor. — Bicknell i;. Widner Tp., 73 Ind. 501. See § 4441, note 8. 

11. Text-books may be furnished. A Township Trustee can not purchase 
at the expense of the township, text-books for the use of the pupils attending the 
public schools of the city or township — Honey Creek School Township v. Barnes, 119 
Ind. 213. Books can be bought, however, by the Trustee for poor children con- 
lined in county asylums or homes for orphan children. 

12. Indispensable articles. Among the indispensable articles of furniture 
and apparatus are a few chairs, a teacher's table, black boards and crayons, a clock, 



SCHOOL LAW OF INDIANA. 83 

a thermometer, a dictionary, a water-pail and cups, pointers, erasers, brooms and 
brushes. Each school should also be furnished with a terrestial globe and suitable 
wall maps, and there should be a closet in which the movable property of the school 
may be secured. — Smart, Siipt. 

The Trustees are under the law the judges whether furniture is needed ; and 
contracts therefor, and in consideration of the purchase of maps and dictionaricy, 
will bind the corporation. — Moral Tp. t. Harrison, 74 Ind. 93; Johnson Tp. c. Buul;, 
81 id. 515; Jackson Tp. v. Hadley, 59 id. 534. 

13. Contracts of Trustees. Contracts for the benefit of school corporations, 
whether to build houses, employ teachers or purchase supplies or apparatus, should 
be made by the Trustee in the name of the school, not the civil, corporation. — 
Hornby v. State, 69 Ind. 102 ; Harrijson Tp. v. McGregor, 67 id. 380. 

A school town is bound, as such, for the contract price of material furnished 
and labor performed by another, in the erection of a school building for such town, 
under a parol contract therefor, made with him by the School Trustees of such 
town, Princeton Tp. v. Gebhart, 61 Ind. 187, but a mechanic's lien can not be taken 
upon the building for materials furnished therefor and labor performed thereupon. 
— Fatout V. Board of School Com., 102 Ind. 223. 

A suit to set aside a contract for the building of a school house and to enjoin 
the doing of the work, on the ground of fraud on the part of the Township Trustee, 
in the making of the contract, is properly brouglit in the name of the State, for the 
use of the civil township. — State v. Earhart, 27 Ind. 110. 

A contract hj a School Trustee for the improvement of school property, by the 
terms of which he is to share in the profits is void, both at common law, and under 
the statute. — Wingate v. Harrison Tp., 59 Ind. 520. 

The penalty for such corrupt interest in contracts is a fine of from three hun- 
dred to one thousand dollars, and imprisonment for from two to fourteen years. — 11. 
S. 1881, I 2049. 

14. Graded schools. This section gives the Trustees ample power to organ- 
ize, at their discretion, such a system of free schools as the peculiar circumstances 
of their Townships may require. The schools may be all of the same grade, or of 
two or three or more grades. They may classify the children of the township accord- 
ing to acquirements. They may authorize the teaching of any branches of science, 
literature and art which public interest and public opinion may require. — Larrabee, 
Sivpf. 

The separation of pupils into different schools or departments, according to age 
and acquirements, is not an abridgement of their rights. — Corey v. Carter, 48 Ind. 
360 ; vState v. Grubb, 85 Ind. 213 ; State v. Gray, 93 Ind. 303. 

A graded school is a school in which the pupils are placed in different rooms 
and under different teachers, according to advancement. Consequently, the greater 
the number of rooms and teachers for any given school the more favorable the 
means for perfect grading. From this it will be seen that a graded school as con- 
templated in the above section can not exist with less than two teachers. With one 
the school may be classified but not graded. Trustees will therefore have regard to 
this element when they put up buildings designed for graded school. 2d, As to the 
time when a graded school should be established for any given township, no 
definite directions can be given. There are too many local elements to admit of 
any special directions. It is, however, safe to say that whenever there are pupils in 
the township whose advancement is such that the district schools can not furnish. 



84 SCHOOL LAW OF INDIANA. 

them instruction, at that moment begins the need of a township graded school 
furnishing instruction of a higher grade. The Trustee must, however, be satisfied 
that the number of sucli pupils is sufficient to justify the establishment of such a 
school before providing the same. 3d, As to place I would suggest that whenever 
practicable the township graded school should be established in connection with a 
district school, thus economizing in building, perhaps in teaching, also furnishing 
the means of a more thorough grading in at least one primary school in the town- 
ship. It is suggested further that a village, if centrally located, is usually a favor- 
able place for the township school. — Hua.i, Supt. 

15. Pay of graded school teachers. A township graded school is a com- 
mon school, as it is open alike to all the children of the township who are suffi- 
ciently qualified for admission. Therefore Township Trustees have the right to pay 
principals and teachers of graded schools for all service which they render as 
teachers in such schools, frem the school revenue for tuition apportioned by the 
State. — Smart, Supt. 

16. Custody of school property. The Trustee of each school district has 
charge and possession of the school house, for although the director has the charge 
for certain purposes, he acts under the order and with the concurrence of the 
Trustee.— Hurd v. Walters, 48 Ind. 148 ; ? 4504. 

17. Care of premises. In employing teachers the Trustees should bind them 
by contract to a strict care of all school property under their charge. Teachers 
can do much in this matter by direct supervision, and perhaps more by the incul- 
cation of proper sentiments in the minds of their pupils. Section 4504 provides 
that the director shall, under the general order and concurrence of the Trustee, take 
chai'ge of the school house and the property belonging thereto. This may be made 
an efficient means in the preservation of property. To this end, however, the Trustee 
and director should distinctly understand each other, each knowing definitely the 
portion of this work which falls to him. This can only be done by conference, 
hence it is suggested that Trustees occasionally call the directors together for con- 
sultation on this and other school matters. This done, each officer will understand 
the exact duties assigned him, and it is hoped he will hold himself responsible for 
the prompt and full discharge of the same, especially so in reference to the care 
and preservation of school property. — Hosg, Supt. 

The teacher can be required to exercise care in locking the school house and 
out houses and making them as secure against injury as possible whenever he leaves 
the premises, but can not be held responsible for damages occurring during his 
absense from the premises or when they are not under his control, as when occupied 
by other persons with the Trustee's permission. — Holcombe, Supt. 

18. Congressional lands. When those lands are divided by a county or 
civil township line, the voters of the congressional township to which they belong 
shall designate the Trustee of one of the civil townships in which they lie to have 
the care and management of them. — 'J 4330. 

19. Borrowing money — Executive notes — Liability of corporation. A 
Trustee of a school corporation has no authority to borrow money. He has no 
authority to incur any indebtedness except for school purposes, and then only in 
cases contemplated by statute. He has no general authority to execute promissory 
notes ; his authority in this respect is a special one, and can only be exercised in 
conformity to the statute creating the corporation. The authority to execute prom- 
issory notes is confined to cases where the debt which the note evidences is for 



SCHOOL LAW 01' INDIANA. 5;) 

legitimate school purpobes. The cases very clearly establish the princi- 

ple that the corporation is only liable on an implied contract, and not on the notes 
and such a contract can not exist unless it is shown that the school corporation 
received the consideration of the notes. •■■ '■' The authorities ail agree that 

an implied contract only exists in cases where the defendant received the considera- 
tion of the contract, and Avhere this appears, and only where it appears, he is liable 
for the reasonable value of the property received. — Reve Township v. Dobson, 98 
Ind. 4SJ7. 

20. Orders without consideration void. Where the Trustee of a school 
township has issued an order or certificate of indebtedness, in the name of his 
township, without any consideration therefor, such order or certificate is invalid 
and void, and can not be enforced against the township ; nor in such cases will the 
acts, conduct or promises of the Trustee, or his successors in otfice, estop the town- 
ship from pleading the want of consideration as a sufficient defense to any suit 
against it upon such order or certificate. — Axt v. Jackson Township, 90 Ind. 101. 

21. May abolish districts. After a School Trustee has, on appeal, been 
ordered by the County Superintendent to provide furniture for the school house of 
a certain district, he may at once abolish the district and provide proper school 
facilities for the people thereof in other districts. — State v. Sherman, 90 Ind. 123. 

22. Must control school premises. A School Trustee has no authority to 
provide furniture for a room for school purposes, or to employ a teacher for serv- 
ice therein, unless such room is owned or leased by the school township. — State v. 
Sherman, 90 Ind. 123. 

23. Abandoning graded school. If a Township Trustee consolidates two 
or more districts, and establish in place of them a graded school, and afterward 
finds it to the advantage of the schools of the township to abandon such graded 
school and re-establish the district schools, he may do so. — LaFolletfe, Supf. 

24. Rules and kegulations. School Boards and other educational authori- 
ties have power to adopt appropriate rules and regulations for the government of 
the schools under their control. It is not necessary that all such rules shall be made 
a matter of record, nor that every act, order or direction affecting their manage- 
ment shall be authorized or confirmed by a formal vote ; but any reasonable rule 
adopted by a superintendent or teacher not inconsistent with some statute or some 
other rule prescribed by higher authority, is binding upon the pupils. A rule re- 
quiring the superintendent of city schools to visit weekly all the schools under his 
charge, and to see that the best methods of instruction are adopted, confers upon 
him authority, if it were otherwise wanting, to order and promulgate such additional 
reasonable rules as the best interests of the schools may require. — Fertich v. Miche- 
ner. 111 Ind. 472. 

25. Enforcement of rules. In the enforcement of all rules for the govern- 
ment of a school, due regard must be had to the health, comfort, age, mental and 
physical condition of the pupils; and to the circumstance attending such particular 
emergency, and the condition of the weather, the infirmity of a pupil, and the like, 
may require relaxation in their strict enforcement. A school regulation must not 
only be reasonable within itself, but its enforcement must also be reasonable under 
all the circumstances. — Fertich v. Michener, 111 Ind. 472, 

26. Locking doors. The habit of locking the doors of a school room during 
the opening exercises is not an unreasonable enforcement, under ordinary circum- 
stances, of a rule requiring pupils to remain in the hall during that time; but if 



86 SCHOOL LAW OF INDIANA. 

the weather is unusually severe, and proper steps are not taken for the comfort of 
children thus excluded, such method of enforcement is unreasonable and improper. 
A rule requiring tardy pupils to remain either in the hall of the school building, 
which is provided with heat, or in the office of the principal, until the opening 
exercises, lasting from ten to fifteen minutes, are concluded, in order that such 
exercises may not be interrupted or disturbed, is in itself a reasonable regulation. — 
Fertich i. Michener, 111 Ind. 472. 

27. Detention of pupil after school houks. iSuch detention, as a penalty 
for some omission or misconduct, is one of the recognized methods of enforcing dis- 
cipline and promoting the progress of pupils in the common schools, and although 
the cause for such detention be mistaken it possesses none of the elements of false im- 
prisonment, unless imposed from wanton, willful or malicious motives. — Fertich v. 
Michener, 111 Ind. 472. 

28. Liability of school officeb. A school officer is not personally liable 
for a mere mistake of judgment in the government of his school ; but to render him 
liable, it must be shown that he acted in the matter complained of wantonly, will- 
fully or maliciously. — Fertich v. Michener, 111 Ind. 472. 

[1873. p. 68. Approved n.nd in force Ma,rch 8, 1873.] 

4445. Superintendent in cities and towns. The 

School Trustees of incorporated towns and cities shall have pow^er to em- 
ploy a Superintendent for their schools (vv^hose salary shall be paid from 
the special school revenue), and to prescribe his duties, and to direct in 
the discharge of the same. (12) 

1. Compensation. In case a person is employed to superintend part of the time 
and teach part of the time, he can be paid for the service he renders as Superin- 
tendent out of the special revenue, and for the services he renders as teacher out of 
the tuition revenue. If paid anything from the latter, he must possess a valid 
license. — Smart, Supf. 

2. When may employ Supekinteni>ent. See ? 4444, note 7. 

4446. Joint graded schools. The School Trustees of 
two or more distinct municipal corporations for school purposes shall 
have power to establish joint graded schools, or such modifications of 
them as may be practicable, and provide for admitting into the higher 
departments of their graded schools, from the primary schools of their 
corporations, such pupils as are sufficiently advanced for such admission. 
Said Trustees shall have the care and management of such graded 
schools, and they shall select the teachers therefor. They shall have 
power to purchase suitable grpunds for such graded schools, and erect 
suitable buildings thereon ; and the title to all such property, acquired 
for such purposes, shall vest jointly in the corporations establishing the 
graded schools. (13) 

1. Joint graded schools — appeal. An incorporated town and township 
can unite and establish a joint graded school, and it will not be necessary for the 
towo tp extend its limits so as tg enclose the sites gf the school hoyse. The town 



SCHOOL LAW OP INDIANA. 87 

and township authorities have no power to enter into an agreement with an incor- 
porated association for school purposes, that the three shall run and control one 
school, and that such association shall have equal control over the school with such 
town and township authorities. The control of the public school can not be 
fettered by any private person. Possibly an appeal will lie from the decision of 
two Township Trustees refusing to build a joint graded school house. In case two 
Township Trustees of difierent counties are petitioned to build such a school house, 
the Superintendent of that county to whom an appeal is first taken would have 
jurisdiction of the case to the exclusion of the Superintendent of the other county. 
It is a new question, but this is my best judgment in the matter. — Baldwin, Atty- 
Gen. 

2. Management and supervision. A joint graded school, as to its manage- 
ment and teachers, is subject to the same laws, rules and regulations as township 
graded schools [? 4444, notes 14, 15], except that it is under the joint management 
of the School Trustees of both corporations. But the teachers should attend the 
institutes of the county and township in which the school is situated, and should 
be under the supervision of the Superintendent of that county. — Smart, Supt. 

The Trustees of the two school corporations act as individuals, and do not as a 
unit represent their respective corporations. A majority of the whole Board of 
Trustees, whether such majority come from the different corporations interested or 
from one corporation entirely, have the power to transact any and all business, in- 
cluding the employment of teachers, relating to such joint graded school. — Han- 
over School Township r. Gant, 125 Ind. 557. 

3. Proportional contributions. While the section that provides for the 
establishment of joint graded schools by two or more distinct corporations is silent 
as to the proportion in which each shall contribute to the expense, yet I am of 
opinion that their contributions should be in proportion to the number of pupils 
they will each send to the new school. Such is the rule in the case of joint dis- 
trict , schools [§ 4513] and I think the same reasons apply to joint schools of all 
kinds. — Holemnhe, Sopt. 

4. Purchase of Property. The two corporations may purchase jointly 
real estate ; and the Trustees are the sole judges of the right to purchase property 
of this character.— Craig School Township v. Scott, 124 Ind. 72. 

[1879, S. p. 95. Approved March 31, 1879 ; and in force May 31, 1879.] 

4447. Surplus special school revenue. It shall be 

the duty of the Board of School Trustees of any city or incorporated 
town in this State to pay over to the Common Council or Board of 
Trustees of such city or town any surplus special school revenue in the 
hands of such School Trustees, not necessary to meet current expenses; 
such excess of the revenue aforesaid to be applied for the payment of 
the interest or principal, or both, of any indebtedness incurred under 
the provisions of the act of March 8, 1873, authorizing cities and in- 
corporated towns to negotiate and sell bonds to procure means to erect 
and complete unfinished school buildings, and to purchase any ground 
and building for school purposes, and to pay debts contracted for the 
erection and purchase of buildings and grounds. (1) 



88 SCHOOL LAW OF INDIANA. 

1. See I 4488-4490. 

2. Note. This section appears in the Revised Statutes as 4492, but being the 
same in effect, and almost the same in terms as 4477, and a later enactment, it is 
here substituted for it. 

3. Payment fob school house. A city can not pay for a school house out 
of its general fund. Such payment must be made out of a fund especially levied 
for that purpose. — Nill v. Jenkinson, 15 Ind. 425. 

[1889, p. 355. Approved March 9, 1889, and in force May 10, 1889.1 

4447 a. Kindergartens. In addition to other grades or 
departments now established in the common schools of the State, the 
Board of Trustees of any incorporated town or city are hereby em- 
powered by law to establish, in connection with the common schools of 
such incorporated town or city, a kindergarten or kindergartens for the 
instruction of children between the ages of four and six, to be paid for 
in the same manner as other grades and departments now established in 
the common schools of such incorporated town or city : Provided, how- 
ever, That no money accruing to such incorporated town or city from the 
" school revenue for tuition fund" of the State shall be used to defray 
the tuition and other expenses of such kindergarten ; but the same may 
be defrayed from the local tax for tuition and the special school revenue 
of said incorporated town or city. (1 ) 

[1889, p. 187. Approved March 6, 1889, and in force May 10, 1889.] 

4447 b. Night SCJlOOlS. tn all cities having a population of 
three thousand, or more, according to the census of 1880, the School 
Trustees of such cities shall keep and maintain a night school, between 
the hours of seven and nine and a half o'clock p. m. , during the regu- 
lar school terms as a part of the systems of common schools whenever 
twenty or more inhabitants of such city having children between the 
ages of fourteen and twenty-one years of age, or persons over the age of 
twenty-one years of age, and who, by reason of their circumstances, 
are compelled to be employed, or have their children employed during 
the school days to aid in the support of such families, who desire to and 
who shall attend such school, shall petition such School Trustee so to 
do. (1) ' ^ . 

Note. — If a city or town has a population of 3,000 by the census of 1890, it is 
entitled to maintain a night school. — A. G. Smith, Atty-Ge.n. 

4447 C. Age of Pupils. All persons between the ages of 
fourteen and thirty, who are actually engaged in business or at labor 
during the day, shall be permitted to attend such school. (2) 

[1891, p. 348. Approved and in force March 7, 1891.J 

4447 d. Manual training schools, in all cities of the 

State of Indiana having a population of one hundred thousand or over, 



Ir'CHOOL LAAV 0¥ INDIANA. 89 

as shown by any census taken, by lawful authority, it shall be lawful 
for the Board of School Commissioners, or other school authorities hav- 
ing charge and management of the common schools of said city, to es- 
tablish in connection with and as part of the system of common schools 
therein, a system of industrial or manual training and education wherein 
shall be taught the practical use of tools and mechanical implements, 
the elementary principles of mechanical construction and mechanical 
drawing. (1) 

4447 e. Teachers and instruction. Such Board of 

School Commissioners, or other school authorities, upon establishing such 
system of manual or industrial training and education, shall employ 
competent instruction in the various subjects to be taught, and establish 
such general rules and regulations for the admission of pupils and the 
conduct of the schools wherein the same shall be taught as in their 
judgment will produce the best results, and give instruction to the 
largest number of pupils practicable. They may provide for such in- 
struction in separate rooms, or separate buildings, as in their judgment 
may be most advantageous (2) 

4447 f. Tax levying- to support schools. Any such 

Board of School Commissioners or other school authorities, having 
decided to establish such system of industrial or manual training, shall 
have authority, in addition to all other taxes now authorized to be levied, 
to levy a tax of not exceeding five cents on each one hundred dollars of 
property liable for taxation for school purposes, to be levied and col- 
lected as other taxes for school purposes are levied and collected, for the 
purpose of purchasing grounds and erecting buildings, or for renting 
buildings wherein such instruction shall be given, the purchase of all 
necessary tools, implenients and apparatus, and for the payment of 
instructors and other expenses incident to the maintenance thereof: 
Provided, That no portion of the taxes so levied and collected shall be 
applied to any other purpose. (3j 

[1877, p. 18. Approved and in force March 3, 1877.] 

4448. Things legalized. Where the excess of special 
school revenue not necessary to meet the current demand upon such 
revenue shall have been, prior to the passage of this act, loaned, paid 
over, or applied, as provided in the preceding section, such loan, pay- 
ment, or application of such moneys is hereby legalized and made Valid, 
as fully and completely as if this act had been in full force and effect at 
the time such transaction took place. (2) 



90 SCHOOL LAW OF INDIANA. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4449. Teacher's reports. To enable the Trustees to 
make reports whicli are required of them by this act, the teacher of each 
school, whether in township, town, or city, shall, at the expiration of 
the term of the school for which such teacher shall have been employed, 
furnish a complete report to the proper Trustee, verified by afiidavit, 
showing the length of the school term, in days ; the number of teachers 
employed, male and female, and their daily compensation ; the number 
of pupils admitted during the term, distinguishing between males and 
females, and between the ages of six and twenty-one years ; the average 
attendance ; books used and branches taught, and the number of pupils 
engaged in the study of each branch. Until such report shall have been 
so filed, such Trustee shall not pay more than seventy-five per centum 
of the wages of such teacher, for his or her services. (20) 

1. The report final. The law requires a teacher to make a report to the 
Trustee at the end of the term for which said teacher shall have been employed. I 
think the contemplated report is a final report. It may be at the end of two, three 
or four months, as the case may be, or at the end of the year. I think that a re- 
port made in the middle of a term would not be a final report as contemplated by 
the law, unless the teacher at that time severed his connection with the schools. — 
Smart, Supt. 

2. Teacher excused, when. If the school authorities fail to furnish a 
building in which to teach the school, or refuse to furnish a school to be taught, or 
wrongfully discharge the teacher, such teacher is excused from making a report. — 
Charlestown Tp. v. Hay, 74 Ind. 127. 

3. Withholding wages. The provision on this subject is designed to give 
the Trustee a means of securing the final report from the teacher. It will generally 
be sufficient for this purpose to withhold a part or all of the wages of the last month 
only before the report becomes due. Any other practice would inflict on teachers a 
hardship which I am persuaded was not intended by the Legislature. — Holcombe, 
Supt. 

4. Suit. It is a part of a teacher's contract that he will make a report, and 
until he does so he can not recover more than three-fourths of his wages, unless the 
Trustee has waived the report; and the burden. is on the teacher to show either 
that he made the report or it was waived, if he desires to recover the full amount 
of his earnings. — Owen School Township v. Hay, 107 Ind. 351. 

[1883, p. 118. Approved and in force March 6, 1883.] 

4450. Trustees' report. The Trustees of each township, 
town, or city shall, annually, on the first Monday of August, make their 
report for the school year ending on the 31st day of July, and furnish to 
the County Superintendent the statistical information obtained from 
teachers of the schools of their respective townships, towns, or cities, 
and embody in a tabular form the following additional items : The 
number of districts ; schools taught, and their grades ; teachers, males 



SCHOOL LAW OF INDIANA. 91 

and females ; average compensation of each' grade ; balance of tuition 
revenue on hand at the commencement of the current year ; amount 
received during the year from the County Treasurer, and amount ex- 
pended within the year for tuition ; and balance on hand ; length of 
school taught within the year, in days ; school houses erected during the 
year ; the cost of the same ; the number and kind before erected, and 
the estimated value thereof, and of all other school property ; number 
of volumes in the library and the number taken out during the year 
ending the 31st day of July ; also the number of volumes added thereto ; 
assessment on each one hundred dollars of taxable property, and on each 
23oll of special tax for school house erection, and amount of such levy ; 
balance of special school revenue on hand at the commencement of the 
current year ; amount received during the year from the County Treas- 
urer ; the amount of said revenue expended during the year, and bal- 
ance on hand ; the number of acres of unsold congressional school lands, 
the value thereof, and the income therefrom ; together with such other 
information as may be called for by the County Superintendent and the 
Superintendent of Public Instruction. (21) 

1. Amendments. The amendment of this section, and of 'i 4431 and 4441, is 
due to the recommendation of State Supt. John M. Bloss, and is a very beDeliciul 
measure. Heretofore Trustees made their annual reports of receipts and expendi- 
tures of school revenues to the County Superintendent on September 1st, and to 
the County Commissioners early in October ( § 4441 j, in each case for the year then 
ending. The result was great confusion between the two reports, rendering accu- 
racy almost impossible. The amendment of the sections giAi^es a standard year for 
all financial and statistical reports of School Trustees. The State Superintendent's 
report for 1882 (John M. Bloss) contains, on pages 123-133, an instructive account 
of this matter. 

2. See § 4431, 4441 and 4452. 

[1865, p. 3. Approved and in force March 6, 1865.1 

4451. Failure to report. On failure of any Trustee to 
make either the statistical report required by the last preceding section, 
or the report of the enumeration required by the sixteenth section of 
this act [§ 4473], or the report of finances required by the seventh sec- 
tion of this act [§ 4441], to the County Superintendent, at the time, 
and in the manner specified for each of said reports, the County Super- 
intendent to whom such reports are due shall, within one week of the 
time the next semi-annual apportionment is to be made by the Auditor 
of the county, notify said Auditor, in writing, of any such failure ; and 
the Auditor shall diminish the apportionment of said township, town or 
city by the sum of twenty-five dollars, and withhold from the delinquent 
Trustee the warrant for the money apportioned to his township, town or 
city, until such delinquent report is duly made and filed. For said 



92 SCHOOL LAW oi? indjana. 

twenty-five dollars, and any additional damages which the township, 
town or city may sustain, by reason of stopping said money, such 
Trustee shall be liable on his bond, for which the County Commissioners 

may sue. (22) 

4452. Neglecting" duties. If a Trustee shall fail to dis- 
charge any of the duties of his office relative to the schools, any person 
may maintain an action against him for every such offense, in the name 
of the State of Indiana, and may recover, for the use of the common school 
fund, any sum not exceeding ten dollars; which sum, when collected, 
shall be paid into the county treasury, and added by the County Au- 
ditor to said fund, and reported accordingly. (23) < 

4453. Failing" to serve. Any person elected or appointed 
such Trustee, who shall fail to qualify and serve as such, shall pay the 
sum of five dollars, to be recovered as specified in the preceding section 
for the use therein named, and in like manner added to said fund, unless 
such person shall have previously served as such Trustee. (24) 

4454. Trustee's accounts. The books, papers and ac- 
counts of any Trustee, relative to schools, shall at all times be subject 
to the inspection of the County Superintendent, the County Auditor, 
and the Board of County Commissioners of the proper county. (141) 

4455. Examination of Trustee and his books. 

For the purpose of such inspection, such County Superintendent, Au- 
ditor, and Board of County Commissioners may, by subpoena, sunlmon 
before them any Trustee, and require the production of such books, 
papers and accounts, three days' notice of the time to appear and pro- 
duce them being given. (142) 

4456. Correction of accounts— Removal. If any 

such books and accounts have been imperfectly kept, said Board of 
Commissioners may correct them, and, if fraud appear, shall remove 
the person guilty thereof. (143) 

1. Only the Board of Commissioners can correct the Trustee's books. The 
County Superintendent has no power to make or order corrections on his own re- 
sponsibility, but may direct and assist Trustees in keeping their accounts and secur- 
ing accuracy, and for such labor he is entitled to compensation. — Holcombe, Sripf. 

2. Inspection. The County Commissioners may inspect a Trustee's books to 
see if money paid out has been paid out according to law; and if fraud appears, to 
refuse to allow him credit for it, but otherwise they can not refuse to allow his 
claims. — LaFollette, Supf. See, also, Bicknell v. Widner School Tp., 73 Ind. 501. 



SCHOOL LAW OF tNl>IANA. 98 

[1871, p. 20. Approved and in force March 1, 1871.] 

4457. School system in large cities. In all cities 

of this State of thirty thousand or more inhabitants according to the 
United States census for the year eighteen hundred and seventy, there 
shall be elected, by the qualified electors of each school district of such 
city, one School Commissioner, to serve as a member of the Board of 
School Commissioners of such city. The first regular election for School 
Commissioners, under this act, shall be held on the second Saturday in 
June, in the year eighteen hundred and seventy-one, at the places to be 
fixed on for holding such election in the school districts of such city by 
the Common Council. All elections for School Commissioners shall be 
held in the same manner as elections are now held, and shall be gov- 
erned by the same laws that now govern general and municipal elections. 
The persons declared elected shall have issued to them, by the City Clerk, 
certificates of election ; and they shall, within ten days thereafter, take 
an oath of office, and file the same with the City Clerk. All regular 
elections for School Commissioners shall, thereafter, be held annually, 
on the second Saturday in June. (1) 

1. Indianapolis is the only city which has organized its schools under this 
section. 

4458. School districts. It is hereby made the duty of 
the Common Council of any such city, on or before the first Monday in 
May, 1871, by ordinance, to district the city into as many school dis- 
tricts as there are wards, and to define the boundaries of each district, 
and such boundries may be the present ward boundaries, or otherwise, 
as the Common Council may determine. Such school districts shall, 
however, be subject to change by the Board of School Commissioners at 
any time after its organization ; and in case the number of districts is 
increased, each additional district shall be entitled to elect one School 
Commissioner for such discrict at the annual election for School Com- 
missioners. The Common Council shall, at the time such ordinance is 
adopted creating such di&tricts, order an election to be held in each of 
such districts for School Commissioners thereof, on the second Saturday 
in June following ; and shall direct the City Clerk to give ten days' 
notice thereof in some daily newspaper of such city. (2) 

4459. Organization— Term— Vacancies. On the 

first Monday in July following the first election of School Coiumissioners 
herein provided for, such School Commissioners shall assemble at the 
office of the Board of School Trustees of such city, and proceed to 
organize the Board of School Commissioners of such city, by electing 



94 SCHOOL LAW Ol<' INDIANA. 

one of their number as a president, one of their numbel' as a treasurer, 
and one of their number as a secretary ; each of which officers shall 
serve for one year and until his successor is elected and qualified. The 
members of such Board of School Commissioners shall then determine, 
by lot, which three of their number shall hold office for three years, and 
which three shall hold office foi* two years ; and, after having so de- 
termined, the president of the Board shall issue to the persons so 
determined certificates entitling them to hold office for the terms respect- 
ively allotted ; and the remaining members shall receive, from the 
president of the Board, certificates showing that each is entitled to hold 
office for one year ; and all persons elected as School Commissioners at 
the annual elections thereafter shall be entitled to hold office for three 
years each. All vacancies occurring at any time prior to the annual 
election shall be filled by a ballot vote of a majority of the members of 
such Board ; and the persons so elected to fill such vacancies shall serve 
until the next annual election for School Commissioners. All persons 
elected at any regular annual election, or by the Board to fill any 
vacancy, shall serve until their successors are elected and qualified. It 
is hereby made the duty of the Board of School Taustees in office at 
the time of the organization of the Board of School Commissioners, to 
at once turn over to the Board of School Commissioners all books and 
papers pertaining to their trust, and to place in possession of the Board 
of School Commissioners all moneys, title papers, and property belong- 
ing to the School Trustees of Common Schools of such city ; awl such 
Board of School Trustees shall thereafter cease to perform any and all 
duties whatever connected with the schools of such city. (3) 

4460. Duties and powers. Such Board of School Com- 
missioners is hereby authorized- 

First. To district the city for the purpose of electing School Com- 
missioners therein, and also to subdivide th^ city for general school 
purposes. 

Second. To levy all taxes for the support of the schools within such 
city, including such taxes as may be required for paying teachers, in 
addition to the taxes now authorized to be levied by the General As- 
sembly of this State by the general laws thereof: Provided, No such 
tax levy, in any one year, shall exceed the sum of twenty-five cents on 
each one hundred dollars of the taxable property, as assessed for city 
taxes by the City Assessor, for purchasing grounds, building school 
houses, and furnishing supplies for such buildings ; or twenty-five cents 
on each one hundred dollars of such taxable property, for the purpose 
of paying teachers. 



SCHOOL LAW OF INDIANA. 95 

Third. To levy a tax, each year, of not exceeding one-lifth of one 
mill on each dollar of taxable property assessed for city taxes by the 
City Assessor, for the support of free libraries in connection with the 
common schools of such city ; and to disburse any and all revenue raised 
by such tax levy in the purchase of books, and in the fitting up of suit- 
able rooms for, such libraries, and for salaries to librarians ; also to make 
and enforce such regulations as they may deem necessary for the taking 
out from and returning to, and for the proper care of, all books belong- 
ing to such libraries, and to prescribe penalties for the violation of such 
regulations. 

Fourth. To examine, either by a committee of such Board of School 

Commissioners or by an officer of such Board, selected for that purpose, 

all teachers applying for positions in the schools of the city ; and to 

• license such as may be qualified — such license to be limited to the city 

in which the same is granted. 

Fifth. To purchase grounds, construct school buildings, purchase 
supplies, employ and pay teachers, appoint Superintendents, and dis- 
burse, through the treasurer of the Board of School Commissioners, 
moneys for all school and library expenses. 

Sixth. To require the treasurer of the Board of School Commission- 
ers to give bond in such sum, and with such surety, as the Board may 
determine, for the faithful discharge of his duties, and for the safe-keep- 
ing and faithful accounting for all moneys that may come into his hands 
as Euch treasurer. 

Seventh. To establish and enforce regulations for the grading of and 
course of instruction in the schools of the city, and for the government 
and discipline of such schools. 

Eighth. To prepare, issue and sell bonds to secure loans, not exceed- 
ing in the aggregate the sum of one hundred thousand dollars, in 
anticipation of the revenue, for building school houses, to bear such rate of 
interest, not exceeding ten per cent, per annum, and payable at such 
time, within five years from date, as the Board may determine ; and the 
money obtained as a loan on any such bonds shall be disbursed by order 
of such Board, in payment of expenses incurred in building school 
houses : Provided, That until all the bonds of any one issue shall have 
been redeemed, such Board shall not be authorized to make another 
issue ; nor shall any such bonds be sold at a less rate than ninety-five 
cents on the dollar. (4) 

1. Can not levy poll tax. The Board of School Commissioners has no 
power to levy a poll tax for the support of the common schools of the city, or for a 
special fund for the support of such schools. — The Board v. Magner, 84 Ind. 67. 

2. Fifth and eighth clauses. Under the fifth clause the School Com- 
missioners have power to contract for the erection and completion of school 



96 SCHOOL LAAV OF INDIANA. 

houses, and to agree to pay therefor partly in cash and partly on time, and to make 
and deliver their notes for the deferred payments, which are valid obligations, 
binding upon their school cities, notwithstanding the fact that there may be at the 
time outstanding bonds to the amount of $100,000, issued and sold under the 
eighth clause, to secure loans in anticipation of the revenue, for building school 
houses, and that such money had been disbursed for that purpose. The powers 
conferred under the fifth clause are limited only by the educational wants of the 
school corporations under the Board's control, in the exercise of a sound and reason- 
able discretion. The eighth clause was not intended to be, and is not, a limitation 
upon the general powers conferred upon the Board by the fifth clause. It confers 
additional and extraordinary powers not conferred upon school corporations gen- 
erally, and the proviso therein contained is a limitation only on the Board's exercise 
of such additional and extraordinary powers. — Fatout v. Board, etc., 102 Ind. 223. 

3. Notes. Notes executed by the Board in settlement of just debts fairly 
contracted for the legitimate purposes of the school corporation, do not come with- 
in the meaning of the eighth clause, or of the proviso, and are valid. — Fatout v^ 
Board, etc., 102 Ind. 223. 

4. Tax Levy. See Acts 1885, p. 17, Sec. 9. 

4461. Tax collection and payment. All levies of 

taxes made by order of the Board of School Commissioner shall be 
certified by its president and secretary to the City Clerk, who shall 
cause the same to be placed on the tax-duplicate against all property 
assessed for city taxes ; and the City Treasurer shall collect the same as 
city taxes are collected, and shall, once in each month, pay over all such 
taxes so collected to the treasurer of the Board of School Commission- 
ers of such city. All taxes hereafter collected by the County Treasurer 
for school purposes on levies hereafter made, and all moneys that may 
be hereafter distributed as part of the common school fund by county 
officers, to which the common schools of such city shall be entitled, shall 
be paid over by the County Treasurer to the treasurer of the Board of 
School Commissioners ; and all taxes hereafter collected by the City 
Treasurer on levies heretofore made for school purposes, shall be paid 
over by such Treasurer, once in each month, to the treasurer of the 
Board' of School Commissioners of such city. (5) 

4462. Sessions — Record — No pay. The said Board 

of School Commissioners shall hold its sessions at such times as it may 
determine, and shall keep a record of all its proceedings. The members 
of such Board shall serve without any compensation whatever. (6) 

4463. General school law in force. All parts of the 

general school laws of this State, not inconsistent herewith, and which 
may be applicable to the general system of common schools in such city, 
herein provided for, shall be in full force ^nd effect in such city. (8) 



SCHOOL LAU' OF INDIANA. . 97 

[1877, p. 123. Approved and in force March 3, 1877.] 

4464. Temporary loans. The Board of School ComuiiH- 
sioners of any city embraced within the provisions of sections 4457 to 
4463, may, whenever the funds for the support of the common schools 
in such city throughout the regular school year shall be insufficient or 
exhausted, make temporary loans for the support of such schools during 
such time, and until the receipt of the school revenue of the current 
year ; but no more than is sufficient for such purpose, nor the amount of 
such revenue for the current year, shall be borrowed at any one time, 
and no further loan shall be made until such temporary loan shall be 
paid. (1) 

[1889, p. 101. Approved and in force March 5, 1889.] 

4464 a. Bonds to pay debts. Boards of School Com- 
missioners in all cities of this State having thirty thousand or more in- 
habitants according to the United States census for the year eighteen 
hundred and seventy, are hereby authorized to prepare, issue and sell 
bonds to secure loans not exceeding in the aggregate, at any one time, 
the sum of two hundred and fifty thousand dollars, in anticipation of 
the revenue for purchasing grounds and building school houses, to bear 
such rate of interest, not exceeding six per cent, per annum, and pay- 
able at such time within ten years from date as the Board may deter- 
mine ; and the money obtained as a loan on any such bonds shall be dis- 
bursed by the order of said Board in payment of indebtedness incurred 
in the purchasing of grounds, or building of school houses, or in refund- 
ing any bonds or other evidence of indebtedness issued for such purpose. 
Such bonds may be issued in such denominations and in such sums as 
the Board of School Commissioners may deem to be expedient : Provided, 
That at no time shall the amount of such bonds so issued by any such 
Board of School Commissioners, then outstanding, exceed said sum of 
two hundred and fifty thousand dollars : And provided, further, That 
such bonds shall not be sold for less than their par value. (1) 

Note. For tax to build and support libraries in large cities. See § 4527 A. 
to 4527 E. 



ARTICLE III— TAXATION. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4465. State tax. There shall be annually assessed and col- 
lected, as State and county revenues are assessed and collected, sixteen 
7 — ScH. Law, 



98 SCHOOL LAW OF liSIDIANA. 

cents on each one hundred dollars of taxable property, real and per- 
sonal, in the State, and fifty cents on each taxable poll, for the purpose 
of supporting a general system of common schools. (1) 

1. An act of 1873 (p. 216) legalized tax levies for tuition made by School 
Trustees of cities prior to January 21, 1875. 

[1869, S. p. 41. Approved and in force May 13, 1869.] 

4466. Uniform tax. In assessing and collecting taxes for 
school purposes under existing laws, all property, real and personal, 
subject to taxation for State and county purposes, shall be taxed for the 
support of common schools, without regard to the race or color of the 
owner of the property. (1) 

[1873, p. 68. Approved and in force March 8, 1873.] 

4467. Special tax. The Trustees of the several townships, 
towns, and cities shall have the power to levy a special tax, in their 
respective townships, towns, or cities, for the construction, renting, or 
repairing of school-houses, for providing furniture, school apparatus, 
and fuel therefor, and for the payment of other necessary expenses of 
the school, except tuition ; but no tax shall exceed the sum of fifty cents 
on each one hundred dollars' worth of taxable property and one dollar 
on each poll, in any one year, and the income from said tax shall be 
denominated the special school revenue. Any taxpayer who may choose 
to pay to the Treasurer of the township, town, or city wherein said tax- 
payer has property liable to taxation, any amount of money, or furnish 
building material for the construction of school-houses, or furniture or 
fuel therefor, shall be entitled to a receipt therefor from the Trustee of 
said township, town, or city, which shall exempt such taxpayer from any 
further taxes for said purposes, until the taxes of said taxpayer, levied 
for such purposes, would, if not thus paid, amount to the sum or value 
of the materials so furnished or amount so paid : Provided, That said 
building materials, or furniture and fuel, shall be received at the option 
of said Trustee. (12) 

1. The section constitutional. This question is decided in Kose v. Bath 
Tp., 10 Ind. 18, and several other cases. 

The school corporations of the State can not be authorized by statute to estab- 
lish and maintain schools separate and apart from the common school system of 
the State. Such a statute is unconstitutional. But they are not prohibited from 
aiding those common schools established under the supervision of the State, by 
levying a special tax.— Lafayette v. Jenners, 10 Ind. 70 ; Greencastle Tp. r. Black, 
5 Ind. 557. 

2. Who levies. There can be no doubt but that the special tax authorized 
to be levied by section 12 of the school law is to be levied by the Trustee of the 
school township or by the Trustees for school purposes appointed by towns and 
cities, — Woollen, Atly-Gen, 



SCHOOL LAW OF INDIANA. 99 

It seems to me that the ScJiool Trustees levy the taxes authorized by section 12 
of the school law. — Baldwin, Atty-Gen. See note 6. 

This view is sustained by the doctrine of Carmichael v. Lawrence, 47 Ind. 554. 

3. Commissioners have no control. By an act approved March 8, 1873, 
[§4467], the Legislature amended the act of 1865, giving Trustees the absolute 
right to levy a special tax by increasing the amount from twenty-five cents to fifty 
cents, and reaffirming the former law, otherwise in the very words of it. This 
clearly removes all authority of Commissioners over the Trustees in making their 
special school levies. — Hopkins, Supt. 

The Board of County Commissioners has no control over School Trustees in the 
levy of school taxes. — Smart, Supt. 

4. Surplus. A surplus in the special school fund can not be transferred to 
the tuition fund and used for the payment of teachers. — Michener, Atty-Gen. 

5. Bank stock. Shares of bank stock in a national bank are liable to the 
special tax authorized by this section. — Daniels v. Strader, 39 Ind. 63 ; Boot v. Er- 
delmeyer, 37 Ind. 225, affirming 1 Wilson, 99. 

6. Who levies and collects. The School Trustees of a school township 
levies the special tax authorized by this section ; the County Auditor extends it on 
the tax duplicate, and the County Treasurer collects it. — LaFollette, Supt. See note 2. 

7. Constitutional limit of debt. Where the indebtedness of a city or 
town has reached the constitutional limit of two per cent., it may contract for and 
erect school houses, the cost of which to be paid in such installments as will fall 
within the annual income from the special school tax levy. — A. G. Smith, Atty-Gen. 

[1865, p. 3. Approved and in force March 6, 1S65.] 

4468. Assessment and collection. The County Au- 
ditor shall, upon the property and polls liable to taxation for State and 
county purposes, make the proper assessments of special school tax 
levied by the Trustee, in the same manner as for State and county rev- 
enue, and shall set down the amount of said tax on his tax-list and du- 
plicate thereof, as other taxes are set down, in appropriate columns ; and 
he shall extend said assessment to the taxable property of the person 
transferred, which is situate in the township, town or city to which the 
transfer is made, and- to the property and poll of the person transferred, 
situate in the township, town or city in which the person taxed resides, 
according to the rate and levy thereof in the township, town or city to 
which the transfer is made, and for its use ; and said tax shall be col- 
lected by the County Treasurer as other taxes are collected, and shall be 
paid, when collected, to the Treasurer for school purposes of the proper 
township, town or city, upon the warrant of the County Auditor. To 
enable County Auditors correctly to assess said tax, the County Super- 
intendents of the several counties shall, at tho time they make out and 
report to the Auditor the basis of the apportionment of school revenue 
for tuition, as is required by section 4432, make out and report to said 
Auditor a statement of transfers which have been made for school pur- 
poses according to sections 4472 and 4473. (13) 



100 SCHOOL LAW OF INDIANA. 

[1867, p. 30. Approved March 9, 1867, and in force June 6, 1867.] 

4469. L6cal tax for tuition. The Trustees of the civil 
townships, the Trustees of incorporated towns^ and the Common (Joun- 
cils of cities shall have pov/er to levy, annually, a tax not exceeding 
twenty-five cents on each one hundred dollars of taxable property and 
twenty-five cents on each taxable poll ; which tax shall be assessed and 
collected as the taxes for State and county revenue are assessed and 
collected. (1) 

1. Who levies. It seems to me that the civil trustees of towns levy this tax. 

The act says, the Trustees of the civil townships. — Baldwin, Atty-Gen. 

2. By whom assessed. The local tuition tax should be assessed and collected 
by the County Auditor and Treasurer, as in the case of the special school tax. 
Though not provided in so many words that it shall be extended to the property of 
a transferred person, yet, inasmuch as his property is subject to the tax in .some 
•place, it is justice and equity that the corporation to which he transfers should have 
the benefit of it. But the statute makes some general statements which were, no 
doubt, intended to cover just such cases as the one that has here arisen. It pro- 
vides that the funds arising from such tax 'shall be under the charge and control of 
the name officers, secured by the mme guaraniees, subject to the same rules and regula- 
tions, etc., as funds arising from taxation for common school purposes, by the laws of 
this State. The conclusion, therefore, is inevitable that the tuition tax should be 
extended to the property in the township of the transferred person, and that it 
should be controlled by the county ofiicers, and township and school Trustees. — 
Hopkins, Supt. 

3. Fees. A County Treasurer is not entitled to retain fees from the local tax 
for tuition collected by him, and the Attorney-General is authorized to require 
counties to make up the account of fees deducted by officers from such tax. — ■ 
Michener, Atty-Gen. 

4. Constitutional. The tax authorized by this section is valid, the section 
being constitutional. — Robinson v. Schenck, 102 Ind. 307. 

4470. Local tax, how applied. The funds arising from 
such tax shall be under the charge and control of the same officers, 
secured by the same guarantees, subject to the same rules and regula- 
tions, and applied and expended in the same manner as funds arising 
from taxation for common school purposes by the laws of this State : 
Provided, That the funds assessed and collected in any civil township, 
incorporated town, or city shall be applied and expended in the same 
civil township, incorporated town or city in which such funds shall have 
been assessed and collected. (2) 

1. Anticipating. This revenue is not forbidden to be anticipated, as is tlie 
State's tuition revenue.^ — Harney v. Wooden, 30 Ind. 178. 

2. Tax on persons transferred — Eeport. Tax received by the Township 
Trustee from the County Treasurer which has been collected by him from persons 
transferred to such township must be applied to the tuition fund of such township 
under the head of "miscellaneous receipts." — LaFolletfe, Snpt. Pnh. 



SCHOOL LAW OP INDIANA. 101 

[1871, p. 209. Approved and in force March 11, 1871.] 

4471. Special tax to pay debts. In all cases where 
any Township Trustee may have heretofore made and contracted debts 
against any township in the construction, repairing, or completion of 
school houses, or in providing furniture or school apparatus therefor, and 
the special school revenue tax, as provided for in section 4467, shall be 
insufficient to satisfy, pay, and liquidate debts so made and contracted 
by such Trustee, then, and in that case, it shall be lawful and such 
Township Trustee is hereby authorized to levy an additional tax of not 
exceeding twenty-five cents on each one hundred dollars' worth of 
taxable groperty, in any one year, to the amount now authorized to be 
levied under said section, for the purpose of paying, satisfying, and 
liquidating the debts made and contracted by said Trustee, for the pur- 
poses aforesaid ; and it shall be lawful and said Trustee is hereby author- 
ized to make said levy for each and every year after the passage of this 
act, until said debts, made and contracted as aforesaid for the purposes 
aforesaid, shall be fully paid, satisfied and liquidated : Provided, That 
nothing in this act shall be construed to alter, change, modify, repeal, 
or in any way conflict with section 4467 ; Provided, further, That such 
additional levy shall only be made after the legal voters of the township 
to be affected thereby shall have declared in favor thereof, (1) 

1. Time limited. This section applies to such debts only as were contracted 
previous to its taking effect, March 11, 1873, and does not authorize a levy to pay 
any indebtedness created since that date. — Hord, Atty-Gen. 

2. Mandate. It is the duty of the Trustee of a township to apply the tuition 
funds of the township, when received, to the payment of its indebtedness for tuition 
and the performance of such duty may be enforced by mandate. — State v. Coop- 
rider, 96 Ind. 279. 

[1885, p. 171. Approved and in force April 10, 1885.1 

4471 a. Tax to complete town school houses 

and to support town schools. Seventeenth. Such Board 
of Trustees shall have power to complete school houses now in progress 
of erection, and provide for the payment of the same ; to erect or pro- 
vide such school houses as may be necessary for the use of schools of the 
town, to keep them in repair, and to provide fuel and other necessaries 
therefor. 

Nineteenth. The said Board of Trustees shall have power to levy and 
collect annual taxes not exceeding thirty cents on the one hundred dol- 
lars valuation on all property subject by law to taxation, for the support 
of town schools within their said corporation. 

1. Constitutionality doubtful. The provisions are of very uncertain 
validity. They confer certain powers upon towns without, at the same time, con- 
ferring them upon cities and townships, which are likewise school corporations. 



102 SCHOOL LAAV OF INDIANA. 

A provision in tlie school law of ISoo, conferring similar powers upon towns and 
cities, but not upon townships, was -declared constitutional in the case of City of 
Lafayette v. Jenners, 10 Ind. 70, in which it was said ( p. 77 ) : " The State is divided 
into districts for common school purposes. The cities and towns form a part of the 
districts, and must do so to render the school system general and uniform. Now 
suppose the school law, in terms, provided that taxation for common schools and 
the management of the system should be uniform except in that portion of the 
school districts situated in towns and cities; but that in such district a tax addi- 
tional to that levied in the rural districts might be imposed, and a different organ- 
ization and management of the schools adopted, would any one pretend that the 
law thus framed was uniform in its operation as required by the constitution, and 
not local? Yet such is the school law of the State, if the act of 1855 is a part of 
it." This doctrine is reaffirmed by the following language in the recent case of 
Eobinson v. Schenk, 102 Ind. — : "The duty rests on the Legislature to adopt the 
best system that can be framed, but it, and not the courts, is to judge what is the 
best. There is this limitation on the legislative power, the system must be a 'gen- 
eral and uniform' one, and tuition must be open and free to all; but the extent of 
this limitation is this, and nothing more, the Legislature shall not make an unequal 
distribution of money derived from a general levy, or make an unequal levy, or 
grant to some school corporations benefits or rights withheld from others. This is 
the general and uniform system contemplated by the constitution." At all events, 
the provisions in question are superfluous, as the subject matter is sufficiently pro- 
vided for by other statutes relating equally to cities, towns and townships. — Hol- 
combe, Supt. 



ARTICLE IV— ENUMERATION. 

[1873, p. 68. Approved and in force March 8, 1873.] 

4472. Trustee to take— His duties. The Trustees of 

the several townships, towns and cities shall, hetween the first of March 
and the first of May in each year, make an, enumeration of the children, 
white and colored, within their respective townships, towns and cities, 
between the ages of six and twenty-one years, exclusive of married per- 
sons ; and in making said enumeration, the Trustee shall distinguish 
between the white and colored children, enumerating them in separate 
lists, and shall list the names of parents, guardians, or heads of fami- 
lies, male and female, having charge of such children ; and opposite 
each name, in appropriate columns, shall be entered the whole number 
of children in charge of the person so named, specifying, particularly, 
the number of males, the number of females, the number of the school 
to which such person is attached for school purposes, and the number 
and initials which designate the congressional township in which such 
person resides ; including in said list and enumeration the names of such 
persons as have been transferred to this township, town or city, from 



fc:<l-.;.. 



SCHOOL LAW OF INDIANA. 103 

other townsliips, towns or cities, and the enumeration of their children, 
and excluding therefrom the names and number of children of such 
persons as have been transferred from his township, town or city, to 
other townships, towns or cities. Each Township Trustee, upon making 
the first enumeration after the taking effect of this act, shall inquire of 
each person whose name he so lists, to which school he or she desires to 
be attached ; and such persons, upon making their selection, shall be 
considered as forming the school district of the school selected, and none 
shall be allowed thereafter to attach themselves to, or have the privilege 
of, any other school but by the consent of the Trustee, for good cause 
shown. At subsequent enumerations, the same inquiry shall be made 
by the Trustee of the parent, guardian or head of family, having charge 
of children between the ages aforesaid, whose residence has been 
changed, or whose children have become subject to be enumerated for 
the first time since the last enumeration. In case a change in the loca- 
tion of a school in the township has been made since the last enumera- 
tion, the Trustee shall make the same inquiry of the persons whose 
school privileges are affected by such change. But such inquiries need 
not be made by the Trustee of incorporated towns and cities when they 
take their enumerations. The persons listed in each of such towns and 
cities shall be considered as forming but single school districts therein, 
distinct from the townships in which they are situated. (14) 

1. Who may be enumerated. Only persons between the ages of 5 [now 6] 
and 21 years are entitled to be enumerated, and to have the benefits of the common 
schools. — Draper v. Cambridge, 20 Ind. 268. A minor attains to 21 years of age on 
the day preceding the twenty-first anniversary of his birth. — Wells v. Wells, 6 Ind. 
447. 

2. Kesidence. The legal domicile and residence of a minor, not emanci- 
pated, is that of his parents. Parents residing in another State can not send their 
children into this State for the purpose of procuring an education, and enable them 
to acquire such a residence here as will entitle them to admission into the common 
schools of this State, unless the circumstances are such as will create a bona fide 
legal residence here. — Wheeler v. Brown, 18 Ind. 14. 

While this section declares that the privileges of the school shall be limited to 
such persons as were attached to the school at the time of the enumeration, it must 
not be so construed as to exclude persons who move into a district after the 
enumeration. Such a construction would, in many cases, work serious detri- 
ment. — Hoss, Supt. 

3. NoN-BESiDENT STUDENTS. Persons residing temporarily within a corpora- 
tion, for the pupose of studying at a school or college there located, do not acquire 
a legal residence therein, and the Trustees of such corporation have no more right 
to enumerate them than they would have to enumerate a Sunday-school picnic 
from a neighboring county that they might chance to find spending a day within 
their borders. — Bloss, Supt, 



104 SCHOOL LAW OF INDIANA. 

4. Choice of districts. It should be borne in mind by the Trustee that the 
choice of a school district is not to be an annual, but a permanent choice ; and it will 
be well to inform every parent or guardian, at the time of making the enumeration, 
of the permanent character "of the preference thus to be expressed, so that there 
shall be no just cause of complaint on the part of any.— Mills, Supt. 

A person may be detached from one district and attached to another at any 
time during the year, with the consent of the Trustee, upon presentation to him of 
a suitable reason therefor ; but a person whose school privileges have been affected 
bv his removal, or by the re-locatiou of a school house, has the right at the next 
enumeration to choose a district in the township to which he will be attached. — 
Smart, Supt. 

The distinction must be observed between a transfer and an attachment to a 
district the former being a change from one corporation to another, the latter from 
one district to another in the same corporation. — Bloss, Supt. 

5. Choice of schools in cities and towns. There is no provision in the 
law, that we are aware of, authorizing parents or guardians to determine to which 
one of the schools they will send their children in towns and cities. These matters 
are managed, we believe, by the Trustees exclusively, in towns and cities, who, 
doubtless, to some extent, consult the wishes of the inhabitants, having in view the 
grade of the school which it is proper that any given pupil should attend, the con- 
venience of parents and the surrounding circumstances.^Crawfordsville (•. Hays, 

44 Ind. 207. 

6. Transferred persons. 1 believe that it is the duty of the School Trustee 
of the corporation to which the transfer is made to enumerate the transferred 
person, even though he is obliged to go outside his civil corporation to do this. — 
Smart, Supt. 

7. Privileges of certain children. The School Trustees are required to 
"make an enumeration of the children, white and colored, within their respective 
townships, towns and cities," and to "list the names of parents, guardians or heads 
of families, male and female, liaving charge of such children." The law in this 
section recognizes three distinct relations in which the person having charge of a 
child may stand to the child, viz., parent, guardian, and head of a family. The 
term "heads of families" must refer to a relation not included in the terms 
"parents" and "guardians." I think it is intended to cover cases wliere a person 
has children of school age in his home and under his protection, whether as em- 
ployes or as members of his family, though without formal adoption or legal 
i^mardianship. But there are other cases which the provision of the statute as to 
listing names does not include, but which must be provided for under the require- 
ment for enumerating the children within the several corporations. The domicile 
of a minor is with his parent or guirdian, and in theory every minor is supposed 
to have a guardian. But, in fact, many are completely mi juri.", independent of 
parental control or support, and living by their own labor. The homes of such, 
for the purposes of this section, must be the places where they are employed or stay 
without any immediate intention of departing therefrom. No one can be said to 
liave charge of them, they do not live at the homes of their employers, and are not 
under their protection as heads of families. They are none the less entitled to 
school privileges under what our constitution requires to be a "general and uniform 
system of common schools, wherein tuition shall be without charge, and equally 
open to all," 



.SCHOOL LAAV OF INDIANA. 105 

¥he Supreme Court reraarjis, incidentally, in Johnson r. Smith, G4 Ind. 275: 
" The theory of these statutory provisions is, that each and every child of the proper 
age, without regard to race or color, within the limits of this State, is entitled of 
right, and without charge for tuition, to the benefits of such an education as may 
be obtained in and by our common schools." 

I hold, therefore, that all persons between the ages of six and twenty -one years 
are entitled to school privileges, and may be enumerated in the school corporations 
in which they, in good faith, have their home — understanding home in the general 
sense, not in the technical sense of legal domicile. Those who are in any way in 
charge of a resident head of a family should be so enumerated ; those who can not 
be so assigned may be enumerated as without guardian. In acting under this in- 
terpretation Trustees should guard against imposition, by finding out whether the 
case can be brought under the law of transfer (? 4473 and 4474) ; and, if not, whether 
the child is dependent upon himself for support, or upon the person with whom he 
lives. In either case he should be admitted to the schools. But children can not 
legally be maintained and sent to school by parents or guardians in corporations 
other than those in which they themselves reside, nor can a minor become a resi- 
dent of a school corporation merely to acquire an education therein. (Note 2, 
above.) — Holcombe, Supt. 

8. YoDNG CHILDREN. While a child not six years of age at the time of enu- 
meration can not be enumerated ; yet if he becomes six years of age after such enu- 
meration and before the next enumeration, he is entitled to school privileges after 
he arrives at the age of six. — LaFollette, Supt. 

9. Colored children. The Township Trustee will not be compelled by the 
courts to make a separate list of colored children, unless a separate school for them 
is practicable. — State v. Grubb, 85 Ind. 213. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4473. Transfer. When persons can be better accommodated 
at the school of an adjoining township, or of any incorporated town or 
city, the Trustee of the town or city in which such persons reside shall, 
if such person so request, at the time of making the enumeration, trans- 
fer them, for educational purposes, to such toAvnship, town, or city, and 
notify the Trustee of such transfer ; which notice shall furnish the enu- 
meration of the children of the persons so transferred. Each Trustee 
shall, with his report of the enumeration, report distinctly the persons 
transferred to his township, town, or city, for school purposes ; indicating 
in said report the number of children in charge of the persons trans- 
ferred, with the same particularity that is observed in the enumeration. 
(16) 

1. The right of transfer. Persons can be transferred at no other time 
than the enumeration, and then only when the Trustee is satisfied that they can be 
better accommodated. — Fletcher, Supt. 

Appeal. The right to be transferred is not absolute, depending npon the choice 
of the citizen, like the right to be attached to any school in his township. It can 
only be claimed if he " can be better accommodated " by such transfer, and the 

t»-- ... 



106 SCHOOL LAW OP INDIANA. 

power of the Trustee to make the transfer depends upon the existence of that condi- 
tion. Of necessity, then, he must determine Avhether or not the condition exists, 
and act upon such determination. But his decision is not final. Section 4537 ex- 
pressly provides for an appeal to the examiner from all decisions of the Trustee 
relative to school matters ; and for the purpose of preventing, as far as can be, vexa- 
tious litigation, provides that the decision of the examiner shall be final as to cer- 
tain matters, among which is enumerated " transfers of persons for school purposes." 
— Fogle V. Gray, 26 Ind. 345. 

2. To WHAT CORPORATIONS. The word adjoining must be observed. Persons 
can only be transferred from one township to an adjoining township. It is difficult 
to see how a person (in view of the regularity with which our townships are laid 
out) could be better accommodated in a township not adjoining than in the one of 
his residence. But the word adjoining does not apply to towns and cities, except 
that it appears from ? 4474 that the city must not be farther away than the adjoin- 
ing county. — Bloss, Sup't. 

3. Better accommodations. When a district, by reason of its own failure, 
neglect or want of interest, has not an efficient school, a party attached to the dis- 
trict can not claim the right of transfer, on the plea of better accommodation, be- 
cause the school is a poor one, for it would be taking advantage of his own failure 
of duty or want of interest. If a transfer under such circumstances could be claimed, 
it would work to the injury of many of our schools, as well as produce difficulty in 
their management. 

But if a large majority of the pupils of the district, in which the party desir- 
ing a transfer resides, are of a primary grade, so that pupils more advanced can 
not be accommodated, the party in question, on a plea of better accommodation, 
that his children may pursue studies more advanced than can be taught in the 
school, can claim the right of transfer, for in this case the transfer is not to the in- 
jury, but to the advantage and interest of the school. 

The term " better accommodated" the Legislature evidently intended should 
apply to those circumstances over which an individual has no control, and not to 
those which he might have avoided or remedied. A person can not be transferred 
to avoid the payment of a high rate of taxes. — Baldwin, Atty-Gen. 

Trustees should, under no circumstances, permit a transfer when they believe 
it is sought simply to avoid a tax in the township from which the person wishes to be 
transferred. Neither is dislike of neighbors or neighbor's children good cause for 
transfer. — Fletcher, Supt. 

4. Be-transfer. a person can not be transferred without his consent, nor 
can he be transferred if he has no children of school age. A transfer once made, 
need not be renewed at each enumeration, but remains until a re-transfer is made. 
When a transferred person ceases to have children of school age, a cause arises for 
a re-transfer to his original corporation ; but that cause must be followed up by an 
actual re-transfer and report by the proper officers; otherwise he continues in, and 
pays taxes upon his property in the district to which he was originally transfer- 
red. — Baldwin, Atty- Gen. 

5. Duty of Auditor, Superintendent and Trustee. The additional labor 
required of the Auditor by a transfer is simply to enter the name of the party 
transferred and the value of his property situate in the township in which he re- 
sides upon the tax duplicate of the township to which the transfer is made, and 
assess upon such property the proper special school tax. All other property of the 



b 



SCHOOL LAW OF INDIANA. . 107 

party transferred is subject to special school tax in the township where it is situate. 
County Superintendents in making the statements of transfers required by this sec- 
tion, should state distinctly the names of the parties transferred, the township in 
which each resides, and the township to which transferred. Nothing short of this 
will enable the Auditor properly to assess the special school tax required. 

Notice of transfers should be given before the first day of May in order that 
the Trustee may be able to include the names of parties transferred in his list and 
enumeration, as required by section 4472. 

For the convenience of the County Superintendent, each Trustee should, at tlie 
time of making his report of enumeration, make a separate report of all transfers 
to his township with the same particularity required in taking the enumeration. — 
Hoss, 'Supt. 

6. Kecords of transfer. It is the duty of the Trustee that transfers, of the 
Trustee to whom the transfer is made, of the Superintendent, and of the Auditor, 
each and all, to keep an official record of all transfers of children for school i)ur- 
poses. The Trustee to whom the transfer is made can not refuse to receive it. — 
Baldivin, Atty-Gen. 

7. Taxes of transferred persons. On wliat propert>j. Where a person is 
transferred for school purposes to any township in his own county, lie must pay to 
the Countj^ Treasurer, on all his property situated in the township in which he 
resides, the same rate of school and poll taxes as is paid by the people of the town- 
ship to which he is transferred, and for the use of that township. If he ov/ns prop- 
erty in another township, it must be taxed at the rate of other property in that 
township, and for the use of schools therein. — Larrabee, Supf. 

Method suc/geded. The simplest method of securing ^the purpose of these pro- 
visions, will be for the Trustees of the townships to which any persons have been 
thus transferred, to enroll them as members of their respective districts, and ev^er 
after take the enumeration of their children, and assess the township tax on their 
property. — 3IiUs, Supt. 

To ivliat taxes liable. A transferred person is liable to all taxes levied for school 
purposes in the corporation to which he is transferred, under sections 4467 ,4469, 
4471 and 4490, and at the same rate as resident school patrons. — LaFollette, Supf. 

Property of ivife or tenant. The father is the head of the family, and as such 
has charge of the children, and has power to have his children transferred for 
school purposes, even against the* will or wish of the wife, but he has no control 
over her property. He could not, by transferring his children to another township, 
etc., transfer his wife's property for school taxation, and thus submit it to a greater 
or different tax without her consent. In all similar cases the wife should join in 
the application for the transfer, and the Trustee take her written consent for the 
taxation of her property if the application is granted. If a taxpayer has a tenant 
on his farm who has charge of children entitled to the privileges of school, such 
tenant can be transferred, although, of course, the landlord's property could not be 
taxed in the corporation to which his tenant was transferred. — Baldivin, Atty-Gen. 

Removah. If a transferred person moves into the corporation to which he has 
been transferred, that corporation thereby loses the right to tax his property situ- 
ated in the corporation from which he has removed. If he moves into a different 
corporation he can not be taxed therein till after the next enumeration, when he 
may be transferred thereto by the Trustee of the corporation in whicH he had last 
been taxed, — Bloss, Supt. 



108 SCHOOL LAW OF INDIANA. 

8. What amounts to a transfee. The act of a Trustee in listing in his 
ischool enumeration a person living in an adjoining township, town or city, desiring 
to be transferred for school purposes, accomplishes the transfer of such person. — 
Michener, Atty- Gen. 

9. Wrong corporation receiving tax. If the County Auditor omits to 
record the transfer on his duplicate, whereby the school corporation, from which ? 
person has been transferred, receives the school taxes paid by such person, such corpo- 
ration is liable for the amount thereof at the suit of* the school corporation entitled 
thereto. The County Auditor in such a case, if the school corporation receiving 
the money is solvent, is only liable for such expenses as are necessarily incurred, 
aside from taxable costs, in carrying on the suit for the recovery of the taxes paid. 
— Michener, Atty-Gen. 

10. Constitutional. The provisions of this section authorizing the taxation 
of the person transferred is constitutional. — Kent v. Town of Kentland, 62 Ind. 
291 ; Eobinson v. Schenck, 102 Ind. 307, 315. 

11. Ee-transfer. If a patron of the schools can not show that he will be 
better accommodated if re-transferred he is not entitled to such re-transfer. — La 
FoUette, Supt. 

12. Eefusal to receive person transferred. The Trustee to whose town- 
ship a person is transferred can not refuse to receive him. — LaFollette, Supt. 

13. Become members of school corporation. A person transferred becomes 
a member of the township to which he is transferred, and is entitled to the same 
privileges as resident raeii;bers. — LaFollette, Supt. 

4474. Transfer to an adjoining county. Each per- 
son so transferred, for educational purposes, to a township, town or city 
in an adjoining county, shall, annually, pay to the Treasurer of such 
township, town, or city (when a tax is levied therein for the purposes 
aforesaid) a sum equal to the tax levied, computing the same upon the 
property and poll, liable to tax, of such persons in the township, town, 
or city where he resides, according to the valuation thereof by the 
proper Assessor ; which payment shall release his property from special 
school tax in the township in which he resides. In default of such pay- 
ment, he shall be debarred from educational privileges in the township, 
town, or city to which he may have been transferred ; and the Trustee 
thereof shall notify the Trustee of the township, town, or city in which 
he (the person transferred) resides, of such exclusion. (17) 

1. See section 4468. 

2. To what corporations. The township to which a transfer is made though 
in a different county, must be adjoining to the one in which the person resides, but 
it seems that he may be transferred to any town or city in a county upon which his 
own township borders. — Bloss, Supt. 

3. Taxes — To whom paid. A person transferred to a township in another 
county must pay directly, of his own accord, to the Treasurer [now Trustee] of the 
township to which he is transferred, a sura equal to the tax in such township, com- 
puting the same upon all his property in the township where he resides. When- 
ever a person, transferred to another county, in compliance with the provisions of 



SCHOOL LAW OF INDIANA. 109 

this section, pays personally to the Treasurer of any township the required amount 
on his property in the township in which he resides, that property should of 
course not be held liable to any tax assessed for school purposes in the township 
from which he has been transferred. The same property ought not to be taxed, 
directly or indirectly, for the use of schools in more than one townsliip. — Larrabi^e, 
Supt. 

4. Taxes. A person transferred from one county to another for school pur- 
poses is subject to taxation in the township to which he is transferred for all taxes 
provided for in sections 4467, 4469, 4471 and 4490. — LaFollette, Supt. 



[1873, p. 68. Approved and in force March 8, 1873.] 

4475. Enumeration, where filed. Each Trustee shall, 

on or before the first day of May, annually, report to and file with the 
County Superintendent of the proper county a copy of his said list and 
enumeration, with his affidavit endorsed thereon, to the effect that the 
same is, to the best of his knowledge and belief, full and accurate, and 
that the enumeration does not include persons who are less than six nor 
more than twenty-one yeai's of age. (18) 

[1865, p 3. Approved and in force March 6, 1865.] 

4476. Township in two or more counties— Re- 
port. When a congressional township is located in two or more 
counties, the proper Trustee for each portion thereof in the several 
counties shall report, at the same time and in lik& manner as provided 
in the last preceding section, to the County Superintendent of the 
county in which the congressional township fund of such township is 
held in trust and managed. (19) 

1. Explanation. This section requires that when a congressional township 
is located in two or more counties, the proper Trustee for each portion thereof shall 
make two separate and distinct reports of enumeration : 

1st. The ordinary report of enumeration prescribed by ? 4472 and 4475. 

2d. A special report of enumeration, consisting of an enumeration of the 
school children living within such part of the divided congressional township as is 
within the limits of his own civil township. This special report should be made to 
the Superintendent of the county in which the fund belonging to such divided con- 
gressional township is managed. In case parts of several congressional townships 
lie in a civil township the Trustee must evidently make as many separate special 
reports to the Superintendent of the county which manages the funds or the several 
congressional townships. — Smart, Supt. 



110 SCHOOL LAW OF INDIANA. 

ARTICLE V— APPORTIONMENT OF REVENUE. 

11873, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 

4477. To be made semi-annually. There shall be two 

apportionments of the school revenue for tuition made in each year by 
the State Superintendent of Public Instruction — one on the fourth 
Monday in May, and the other on the first day of January, unless the 
said day of the month should be Sunday, and, if so, on the day follow- 
ing. (109) 

4478. Reports of County Auditors. To enable the 

Superintendent to make said apportionments, and to ascertain the amount 
of said revenue collected and ready for that purpose, the Auditors of 
the several counties of the State shall, promptly, after making the set- 
tlements with the County Treasurers of the respective counties in April 
for the amount collected on tax-list, and in December for the amount of 
delinquent tax collected, make report to said Superintendent of the 
precise amount of school revenue for tuition collected in their respect- 
ive counties and ready for apportionment and distribution ; which report 
shall be verified by the oath or aftirraation of the Auditor indorsed 
thereon. (110) 

4479. When and what County Auditor reports. 

The first of said reports in each year shall not be delayed later than the 
third Monday in May, and the second not later than the twenty-fifth 
day of December. Said report shall show — 

First. The amount of school tax collected since the last report, 
whether upon the current year's tax-list or delinquent tax. 

Second. The amount of interest collected since the last semi-annual 
report, and the amount, if any, not previously reported, upon loans of 
common school funds, and on any indebtedness which is due or payable 
to said funds, arising from the sale of seminary property or otherwise. 

Third. The amount derived from liquor licenses and unclaimed fees 
not previously reported. 

Fourth. The total amount of school revenue thus collected and ready 
for apportionment. 

Fifth. The income derived from the congressional township school 
fund, including the interest on loans of said fund, and on deferred pay- 
ments for school lands which have been sold, and the rents and profits 
derived from the leasing or renting of any such lands, or otherwise. 

Sixth. The amount of said income from the congressional township 
fund on hand for distribution in parts of the townships in the adjacent 
counties, specifying the amount on hand for each of the several counties. 
(Ill) 



SCHOOL LAW OF INDIANA. Ill 

1. Instructions to Auditors. 1st, When you make your report to the State 
Superintendent you give the amounts (if any) due to adjacent counties. At the 
same time you notify the auditors of these counties, specifying the amounts due to 
the several townships. (§ 4480.) Mail all such notices and the report on the same 
day. 2d, Then immediately draw warrants upon your own Treasurer in favor of 
the treasurers of the several adjacent counties for the amounts respectively due 
them, and cause your Treasurer to remit said amounts to said counties at the same 
time that- he makes his remittance to the Treasurer of State. The expense of said 
remittances must not be paid out of any school revenues. 3d, The Auditor of each 
county to which such revenue is paid will include it in his next distribution {'^ 4486), 
and will notify Trustees that it is no longer necessary for them to go or send for 
their money to other counties, but that they will hereafter draw the whole of their 
revenues from the treasury of their own county. — Bloss, Supt. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4480. When congressional township divided. 

When the congressional township lies partly in one county and partly in 
another, the Auditor of the county in which the fund of such township 
is managed shall notify the Auditor of the county in which any portion 
is situated of the amount due to such portion. (112) 

4481. Auditor failing- to report — Penalty. On the 

failure of any County Auditor to make his said semi-annual report in 
time for said apportionments, his county shall be subject to a diminution 
of one hundred dollars in the next apportionment of said revenue by 
the Superintendent. The sum thus withheld may be collected from said 
Auditor, in a suit before a Justice of the Peace, prosecuted in the name 
of the State, by any person living in said county who has children enu- 
merated for school pui'poses for the current year, who is aggrieved by 
said diminution. Said suit shall be commenced within two years from 
the time when said report was due, and not afterward : Provided, That 
said Auditor may discharge himself from liability to such suit by a certi- 
ficate of the postmaster that said report was mailed in due time, together 
with his own affidavit of that fact. (113) 

4482. Apportionment, how made to counties. 

The State Superintendent of Public Instruction shall, on the days fixed 
by section one hundred and nine of this act [§ 4477] for his apportion- 
ment of said revenue in each year, add to the sum total of said revenue 
in readiness in each county for apportionment the sum of twenty-five 
thousand dollars of the State's indebtedness to the schools; which addi- 
tion shall continue to be made at each apportionment, until the whole 
of said indebtedness, together ovith six per cent, interest thereon from 
the time said indebtedness accrued, is paid ; the amount of which debt 



11:2 SCHOOL LAW OF INDIANA. 

;ui(l interest shall be settled and adjusted by and between the Superin- 
tendent of Public Instruction and the Auditor of State. And after 
said addition, the Superintendent shall apportion the whole of said sum 
to the several counties of the State, according to the last enumeration 
of children therein, with due reference to the diminutions provided for 
by sections forty-one and one hundred and thirteen of this act [§ 4431 
and 4481], and without taking into consideration the revenue derived 
from the congressional township school fund in such apportionment. 
(114) 

1. State Normal School. Ten tliousand dollars must also be apportioned 
semi-annually to the State Normal School. — ^ 4556. 

4483. Printed statement. Said Superintendent shall 
make out and have printed a statement showing — 

First. The enumeration of children in each -county. 

Second. The' amount of school revenue ready for apportionment in 
each county, and the source from which the same is derived, including 
said addition from the State indebtedness. 

Third. The distributive share thereof apportioned to each county. 

He shall file a copy of said statement with the Auditor of State and 
Treasurer of State, and he shall forward a copy thereof, by mail, to each 
of the County Auditors, County Superintendents, and County Treasurers 
of the State. (115) 

[1885, S. p. 208. Approved and in force April 13, 188i.] 

4484. Payment to counties. The Auditor of State 
shall, at the time of making the semi-annual settlements with the several 
County Treasurers, give them each a warrant on the State Treasury for 
the State school revenues collected in their respective counties, the 
amount of which shall be retained by said Treasurers, and when the 
Superintendent of Public Instruction shall have made his serai-annual 
apportionments of school revenue for tuition to the several counties of 
the State, the Auditor of State shall draw his warrant upon the State 
Treasury to the respective County Treasurers to which there may be due 
a greater amount than the State school revenue which has been collected 
in said counties, and for which a warrant as hereinbefore provided has 
been issued to them, and said County Treasurers to whom warrants have 
been issued at the semi-annual settlements for more than their distribu- 
tive share of said school revenue shall, upon notice being given them 
thereof by the Auditor of State, forthwith pay such excess into the 
State Treasury. (1) 



SCHOOL LAW OF INDIANA. 118 

» [1865, p. 3. Approved and ii) force March 6, ISfio.) 

4485. Unapportioned balances. If at any time, from 

any cause whatever, an unapportioned balance of school revenue shall 
appear in the State Treasury, other than that which is nominally therein 
at the passage of this act, the Superintendent of Public Instruction shall 
add said balance to the sum to be apportioned, and apportion it at the 
next succeeding- apportionment after such balance so appears. (117) 

1. Explanation. The unapportioned balance in the treasury consists chiefly 
of moneys paid in by the Attorney-General. But at each apportionment the State 
Superintendent leaves a small balance, always less than one cent for each child 
enumerated. 

[1873, p. 80. Approved March 11 , 1873, and in force .Inly 7. 1873.] 

4486. County Auditor's apportionment. The 

Auditor of each county shall, semi-annually, on the second Monday of 
June and on the last Monday in January, make apportionment of the 
school revenue, to which his county is entitled, to the several townships 
and incorporated towns and cities of the county ; which apportionment 
shall be paid to the School Treasurer of each township and incorporated 
town and city by the County Treasurer. In making the said apportion- 
ment and distribution thereof, the Auditor shall ascertain the amount of 
the congressional township school revenue belonging to each city, town and 
township, and shall so apportion the other school revenue as to equalize 
the amount of available school revenue for tuition to each city, town 
and township, as near as may be, according to the enumeration of chil- 
dren therein, and report the amount apportioned to the Superintendent 
of Public Instruction, verified by affidavit : Provided, hoivever, That in 
no case shall the income of the congressional township school fund be- 
longing to any congressional township, or part of such township, be di- 
minished by such apportionment, or diverted or distributed to any other 
township. (118) 

1. Method constitutional. This method of apportionment is according to 
the command of the constitution, and, perhaps, it requires the same principle to be 
applied to the distribution among the counties. — Quick v. Whitewater, 7 Ind. 570 ; 
Quick V. Springfield, id. 636. 

2. Teacher's remedy. When a teacher obtains judgment against a school 
corporation, for services as such, and a return of execution thereon nulla bona, he 
may, by proper suit, obtain application of any school revenue in the county treasury, 
belonging to such corporation, to the payment of the judgment. — Trustees «. Simp- 
son, 11 Ind. 520. 

3. Trustee's liability. If the Township Trustee receives funds, under this 
section, which belong to a school town within the township, he may after demand, 
be compelled, by mandate, to pay the amount to the town. — .Johnson v. Smith, 64 
Ind. 275. Trustees do not apportion revenue among districts. — § 4494, note 2. 

8— ScH. Law. 



114 SCHOOL LAW OF INDIANA. 

4. KuLE FOR MAKING APPORTIONMENT. Auditors will find no trouble in ad- 
justing the apportionment without the labor of giving in detail the specific amount 
of each township's share of the two funds, if they will ascertain what the whole 
amount of the school revenues for the county, both common and congressional, will 
give each scholar on a per capita division, and then ascertain whether any town- 
ship's congressional revenue will yield a larger dividend to its children. If any 
township thus has a larger per capita than that of the whole county from the com- 
bined revenues, exclude the children and congressional revenue of that township 
from the calculation, and distribute to the other corporations on the consolidation 
basis. An example may be presented as follows : 

Congressional Tp. A — 300 Children, $375 Congressional Kevenue, $1.25 Per Capita. 
" B— 200 " 150 " " 75 " 

" " c— 84 " 42 " " 50 " 

" " D-400 " 100 " " 25 " " 

" " E 250 " " " " " 

The last four townships have 934 children, and $292 congressional revenue. 
The common school revenue of the county amounts to $875.50, which, added to the 
$292, will make $1,167.50. This will give the last four townships $1.25 per scholar, 
the same that A receives from her congressional revenue alone, in which case the 
same result is obtained with or without including A's children and revenue. But 
if the common school revenue were only $828.80, the last four townships would get 
only $1,120.80, or $1.20 per scholar. In this case A must receive the whole of her 
own revenue, which must not be diminished by any process of distribution ; and the 
remaining revenues must be distributed among the other corporations. — Mills, Supt. 

[1865, S. p. 139. Approved and in force March 21, 1865.] 

4487. Interest on sinking-fund. Allinterest accrued 

or accruing on the sinking fund or any other fund held by this State for 
the benefit of the common schools of this State, on and after the first 
day of January, one thousand eight hundred and sixty-five, is hereby 
set apart for distribution as other revenues are distributed, for the sup- 
port of the common schools of this State. (1) 

[1891, p. 199. Approved and in force March 6, 1891.] 

4487 a. Surplus dog-tax fund. The revenue received 
from the tax on dogs in each township, shall be set apart by the County 
Auditor at such annual settlement, and the same shall be paid over by 
the County Treasurer to the proper Township Trustee. The sums so 
collected and received in each township, are hereby declared to be a fund 
for the payment of damages sustained by the owners of sheep maimed 
or killed by dogs within such township ; and each Township Trustee is 
directed and required to hold the same for such purpose : Provided, 
however, That when it shall so happen on the first Monday of March in 
each year, in any township, that the said fund shall accumulate to an 
amount exceeding fifty dollars over and above orders drawn against the 
same, then the surplus over said sum of fifty dollars shall be expended 
by such Trustee for the use of the school revenue of the township. (236) 



SCHOOL LAW OF INDIANA. 115 

1. Explanation. The above section is one of the sections of the general tax 
law of the State, and refers to the revenue collected by the County Treasurer upon 
the dogs which are listed and returned by the Assessors of the township for taxation. 
By an act of March 5, 1891 (acts 1889, p- 453) a dog is required to be registered by 
the Township Trustee, who issues to the owner, upon the payment of one dollar, a 
receipt. The fund thus created is used for the payment of any damages inflicted 
upon swine, cattle, horses or sheep by dogs ; but no provision is made for the pay- 
ment of the surplus over to the schools of the township. The Attorney-General ( A. 
G. Smith) of the State has decided that both the act for listing and taxing dogs and 
the one for the registration of them are in force, and the owner of a dog may either 
list it for taxation, or he may register it with the Township Trustee if he does so 
before he is assessed, but he is not compelled to do both. It, therefore, follows that 
the surplus money derived from the registration of dogs can not be used for the pub- 
lic schools ; and only the surplus derived from the listing and taxation of dogs is 
available for that purpose. 

2. Distribution — Anticipation. The fund arising from the dog tax should 
not be used exclusively for the support of one school in a township to the neglect 
of all others. It is a fund to which all the schools in the township have an equal 
claim, and it should be apportioned by the Trustee among the schools, with the 
other tuition funds. We think it must follow, also, that it should await the ap- 
portionment of other funds apportioned for tuition, before it is expended. — Maloy 
V. Madget, 47 Ind. 241. 

[1877 S., p. 74. Approved and in force March 14, 1877.] 

4487 b. Distribution of dog tax fund. All sums of 

money now remaining in the hands of the Township Trustees, arising 
from surplus dog tax fund, shall be, upon the taking effect of this act, 
placed to the credit of the tuition fund of such township, and shall be 
expended as other tuition funds of the township are expended. The 
Township Trustees of the several townships in the State are hereby au- 
thorized to pay to School Trustees of incorporated towns or cities their 
proportion pro rata according to the enumeration for school purposes 
within such township. (1) 

1. Not repealed. The act of 1881 [and hence the act of 1885, § 4487 A,] 
does not repeal the act of March 14, 1877, and surplus dog tax must be distributed 
according to its provisions. — Baldwin. Atty-Gen. 

2. Mode of distribution. The first sentence of this section is superseded 
by ? 4487 A, but the latter part is in force, and must govern the distribution of this 
revenue. — Holcombe, Supt. 

3. In case a township has within its borders an incorporated town or city, the 
Trustees of the township must apportion a share of the surplus dog tax to each 
child enumerated therein, and to each child enumerated in the township outside 
the town or city, pro rata. When the town or city is composed of parts of several 
ditferent townships, each of the Trustees of such townships should pay over to the 
town or city such proportion of the surplus dog tax as the nuinber of children in 
the part of the town or cit}^ which lies in his township bears to the whole number 
in the township. The Township Trustee, iu connection with the town or city 



no SCHOOL LAW OF INDIANA. 

Trustees, should estimate the number of children in that part of the town or city, 
unless the enumeration has been taken in such a way that accurate information 
can be given. — Smart, Svjpt. 



ARTICLE VI— SCHOOLS IN CITIES AND TOWNS. 

[187:'>, i>. 80. Approved March 11, 1873, and in force .Tuly 7, 1873.] 

4488. Bonds for school buildings. Any city or in- 
corporated tow u iu this State which .shall, by the action of its School 
Trustees have purchased any ground and building or buildings ; or may 
hereafter purchase any ground and building or buildings ; or lias com- 
menced, or may hereafter commence, the erection of any building or 
buildings for school purposes ; or which shall have, by its School Trust- 
ees, contracted any debts for the erection of such building or buildings, 
or the purchase of such ground and building or buildings ; or such 
Trustee shall not have the necessary means with which to complete such 
building or buildings, or to pay for the purchase of such ground and 
building or buildings, or pay such debt, may, on the filing by the School 
Trustees of said city or town of a report, under oath, with the Common 
Council of such city, or the Board of Trustees of such town, showing the 
estimated or actual cost of any such ground and building or buildings, or 
the amount required to complete such building or buildings, or j^urchase 
such ground and building or buildings, or the amount of such debt, on 
the passage of an ordinance authorizing the same by the Common Coun- 
cil of said city or the Board of Trustees of such town, issue the bonds 
of such city or town to an amount not exceeding in the aggregate fifty 
thousand dollars, in denominations not less than one hundred nor more 
than one tliousand dollars and payable at any place that may be desig- 
nated in the bonds (the principal in not less than one year nor more than 
twenty years after the date of such bonds, and the interest annually or 
semi-annually, as may be therein provided) to provide the means with 
which to complete such building or buildings, and to pay for the purchase 
of such ground and building or buildings, and to pay such debt. Such 
Common Council or Board of Trustees may from time to time, negotiate 
and sell as many of such bonds as may be necessary for such purpose, in 
any place and for the best price that can be obtained therefor in cash : 
Provided, That such bonds shall not be sold at a price less than ninety- 
four cents on the dollar. (1) 

1. Note. It is sufficient that the ground or building shall have been con- 
tracted for by the School Trustees. — Williams i. Albion, 58 Ind. 329. 

2. By whom issued — Constitutional limit. School Trustees have no power 
to issue bonds to raise money to build school houses, except by authority of am 



SCHOOL LAW OF INDIANA. _ 117 

ordinance of the Common Council or Board of Civil Town Trustees. I think the 
constitutional amendment of 1881 (R. S. 1881, ? 220), limiting the power of municipal 
corporations to contract debts over and above two per cent, of their taxables, ap- 
plies to past as well as future debts — that is to say, if a town is indebted two j^er 
cent, on its taxables, it can incur no farther debt; if indebted one and three-fourths 
per cent., it can incur a farther debt of one-fourth per cent. — Baldwin, Atty-Gen. 

3. Basis of valuation. It has been asked whether the Town Trustees of an 
incorporated town in issuing bonds for a school building in accordance with 'i 4488 
base the issue, as to amount on the value of property in the town increased by the 
value of the property of persons transferred to the town for school purposes. 

The corporation can not become indebted for any purpose to an amount in the 
aggregate exceeding two per centum in the value of tlie taxable property within 
such corporation, to be ascertained by the last assessment for State and county taxes 
previous to the incurring of such indebtedness. — E. S. 1881, 'i 220. 

Where persons can be better accommodated at the school of an adjoining town- 
ship, or of any incorporated town or citv, the Trustee of the town or city in which 
such person resides, shall, if such person so request, at the time of making the 
enumeration, transfer them for educational purposes to such township, town or 
city, and notify the Trustee of such transfer. Such persdn so transferred shall 
annually pay to the Treasurer of such township, town or city (when a tax is levied 
therein for the purpose aforesaid) a sum equal to the tax levied, computing the 
same upon the property and poll liable to tax of such persons in the township, town 
or city where he resides, according to the valuation thereof by the proper Assessor 
(g 4473, 4474). 

The property of the person transferred to an adjacent township, town or city, 
for educational purposes is not assessed by the Assessor of the township, town or 
city, to which he is transferred, for State and county taxes, but he is assessed in the 
township in which he resides. 

The Constitution provides that the value of the taxable property within such 
corporation is to be ascertained by the last assessment for State and county taxes. 
The property of such transferred person does not appear in the last assessment of 
the corporation for State and county purposes to which he is transferred, but in 
the township in which he resides, and consequently the property of such trans- 
ferred person, residing in another township, can not be taken into consideration in 
determining the amount of property within such corporation to which he is trans- 
ferred, as the basis for issuing said bonds. — Hard, Atty-Gen. 

4. Liability of Trustees. It is asked whether the members of a town 
board or the members of a school board, incur personal liability by issuing and 
negotiating school bonds in excess of the constitutional limit. 

Public officers are not personally liable on contracts within the scope of their 
authority and line of duty unless it is apparent that they intended to bind them- 
selves personally. 

If a public agent transcends his authority, he may in some cases be rendered 
personally responsible for the consequence of his act. 

If the officers acting officially exceed their authority innocently, under a mis- 
take of law in which the other contracting party equally participates with equal 
opportunities of knowledge, and the officers contract with him, and he witli them, 
in their official capacity, neither looking to personal liability, the officers are not 
personally liable. — ITord, Atty-Gen. 

5. Issuing bonds. The Board of School Trustees of a city school corporation 



118 SCHOOL LAW OF INDIANA. 

is not authorized by this statute to issue bonds to purchase grounds, but the city 
issues the necessary bonds when authorized by the action of the Common Council. — 
Hovel, Atty-Gen. 

6. Excessive indebtedness. If the city is indebted in excess of the pre- 
scribed constitutional limit, it can not lawfully make and issue bonds under this 
section, increasing its indebtednes beyond the prescribed limit. — Ilord, Atty-Gen. 

7. Constitutional. This section is constitutional. — Clark v. Town of Nobles- 
ville, 44 Ind. 83. 

8. Location of school property. As a rule the school grounds and houses 
should be located within the school corporation that owns them; but the bonds of 
such corporation, negotiated and sold to procure means for the erection and com- 
pletion of such school houses, are not void merely because they are located with- 
out the limits of the corporation. — Gardner r. Haney, 86 Ind. 17. 

4489. Use of proceeds. The proceeds of the sales of such 
bonds shall be paid to the said School Trustees, to enable them to erect 
or complete such building or buildings and pay such debt. But before 
payment to them, such School Trustees shall file with the County Audi- 
tor a bond, payable to the State- of Indiana, in a sum not less than the 
full amount of the said money so to be paid to them, and with security 
to be approved by said Auditor, conditioned for the faithful and honest 
application of such money to the purpose for which the same was pro- 
vided ; and such Trustees, and their surety or sureties, shall be liable to 
suit on such bond for any waste, misapplication, or loss of such money, in 
the same manner as now provided for waste or loss of school revenue. (2) 

Bond of .school board. The bond required to be given by the School 
Trustees is additional to those already given by them (? 4440), and may be a joint 
bond of the tliree members of the Board, equal in amount to the proceeds turned 
over to them, but they must be severally bound for the whole amount. — Smart, Supt. 

[1875, p. 29. Approved and in force March 11, 1875.] 

4490. Special tax. In addition to levying the tax by cities 
or incorporated towns for general purposes, now authorized by law, the 
Common Council of any such cities, and Boards of Trustees of any 
such incorporated towns as shall avail themselves of the provisions of 
this act, are hereby authorized and required to levy, annually, a special 
additional tax, at the same time and in the same manner as other taxes of 
such city or town are levied, sufficient to pay the interest and principal of 
said bonds falling due ; which additional special tax shall be assessed and 
collected as the taxes for State and county revenue are assessed and col- 
lected. The Treasurer of said city or town shall keep accurate account 
of the revenue arising from said special tax, and shall in his reports, 
when required by the city or town authorities, show the amount thereof 
received, the amount disbursed, and the amount thereof, if any, re- 
maining delinquent. He shall pay out the same only by the authority 



SCHOOL LAW OF INDIANA. 119 

of the Common Council of said city or Board of Trustees of such town ; 
and shall permit the same to be applied to no other purpose than the 
payment of the principal and interest of such bonds ; and official bonds 
of C!ity and Town Treasurers shall be construed to cover and include 
revenue arising from this source. Persons residing outside of any such 
city or town, and electing to be transferred to such town or city for edu- 
cational purposes, or who shall send their children to the school taught 
in any such building, shall, with their property, be liable to such tax, 
as if they resided in such city or town, on all proj^erty owned by said 
person in the township where such city or town is located : Provided, 
always, That nothing in this act shall be construed to prevent the 
School Trustees of such town or city from admitting pupils into such 
schools from outside such city or town, in their discretion, upon the pay- 
ment of tuition therefor, and without subjecting the property of their 
parents to such taxation, when such schools are not crowded and their 
admission shall, in no way, interfere with the progress of the children 
within such city or town : Provided, further, That the additional special 
tax, hereby authorized, shall not, in any one year, exceed fifty cents on 
any one hundred dollars of taxable property and one dollar on each poll. 

1. Section cONSTiTUTioi^AL. The provision subjecting to this tax persons re- 
siding outside the town or city, who, though not transferred, send to the school in 
the building for which the bonds were issued, is not unconstitutional, — Kent v 
Kentland, 62 Ind. 291. 

2. Levy and collection. The tax is to be " levied " as other taxes of such 
city or town are levied, and " assessed and collected" as State and county revenue 
are assessed and collected. I think, under this law, the levy should be made and 
certified by the municipal authorities, and placed upon the county duplicate for 
collection. I come to this conclusion because, by the act of 1867, Trustees of civil 
townships, Trustees of towns, and the Common Councils of cities, are authorized to 
levy a special tuition tax, " which tax shall be assessed and collected as the taxes for 
State and county revenue are assessed and collected." (§4469.) This tax must be 
collected, it would seem, by the County Treasurer, as Trustees of civil townships do 
not collect revenue, and such has been the uniform practice. The act under con- 
sideration, using the same language, and having been passed after the construction 
mentioned had been placed on the act of 1867, I think it should be held that the 
act of 1873 required the tax to be collected by the County Treasurer. — Woollen, 
Atty-Gen. 

3. Levy obligatory. It is the duty of Trustees to levy annually a special 
additional tax sufficient to pay the interest and principal of bonds issued for 
school buildings and falling due, and where it appears that they have failed, neg- 
lected and refused to discharge their statutory duty, a writ of mandate is the 
proper legal remedy. — Gardner v. Haney, 86 Ind. 17. 

4. Admitting non-residents to schools. The proviso that this statute shall 
not prevent the admission to the particular school^ in question of children residing 
outside the corporation, on payment of tuition, recognizes and by implication 



120 SCHOOL LAAV OF INDIANA. 

authorizes the custom of admitting such pupils to all the schools. The rights of 
the children of the corporation must always be considered first, and must never be 
sacrificed for the sake of the tuition money of non-residents. — Holcombe, Supt. 

5. TAXiNCi PERSONS TRANSFERRED. If a person is transferred to a school cor- 
poration for school purposes after such corporation has issued bonds to build school 
houses, such person and his property situated outside such corporation may be taxed 
to pay off such bonds. — LaFoUette, iSujJt. 

[1879, S. 76. Approved and in force March 20, 1879.] 

4491. Condition before building. Before the School 

Trustees of any incorporated town or city in this State shall purchase any 
ground for school purposes, or enter into any contract for the building of 
any school building or buildings, they shall file a statement with the Trust- 
ees of such incorporated town, or Common Council of such city, showing 
the necessity for such purchase of ground, or the erection of such build- 
ing or buildings, together with an estimate of the cost of such ground or 
building or buildings, and the amount of means necessary to be provided 
to pay for such ground or building or buildings. And they shall not 
purchase any ground, or enter into any contract for the building of any 
school building or buildings, until such action be approved by the 
Trustees of such incorporated town, or by the Common Council of such 
city : Provided, however, That there shall be nothing in this act so con- 
strued as to affect any purchase of grounds, or contract made for the 
erection of any building or buildings, for school purposes, prior to the 
taking effect of this act. (1) 



ARTICLE VII— SCHOOLS AND SCHOOL-HOUSES. 

[1865, p. 3. Approved and in force March 6, 1865.1 

4493. Bible. The Bible shall not be excluded from the public 

schools of the State. (167) 

1. Note. The Bible, without note or comment, is installed in the common 
schools of Indiana. Its continuance as the moral class book in these nurseries of 
her future citizens will as surely mark the period of her prosperity and grace the 
zenith of her glory, as its exclusion would prove the precursor of her decline, the 
herald of her shame. — Mills, Supt. 

2. Teacher independent. Neither the Examiner nor the Trustee should 
ever inquire into the peculiar religious belief of a teacher, yet an Examiner should 
not license an immoral person, nor one who is a scofTer at the teachings of the Bible 
and things sacred. — Fletcher, Supt. 

Our law, therefore, wisely leaves the whole matter of Bible reading and prayers 
with the <?ood judgment and conscience of the teachers. To obligate them by con- 
tract to read the sacred .Scriptures and hold prayers in their schools would be in 



SCHOOL LAW OF INDIANA. 121 

exceedingly bad taste, if not sacrilegious ; to refuse them the right, when tliey, in 
good faith and conscience, desire to do so, would be the very worst of tyranny. — 

Hopkins, Supt. 

4494. Uniformity as to time — Numberingf. All 

echools in a township shall be taught an equal length of time, as nearly 
as the same can be done, without regard to the diversity in the number 
of pupils at the several schools, or the cost of the school ; and each of 
said schools shall be numbered, by the proper Trustee, as School No. — . 
(11) 

1. Equality of term. All the schools in the township should, if possible, 
begin and close at the same time. The law does not require that an equal amount 
of money should be spent in each district. Differences in the number of scholars 
may require different prices to be paid for teaching different schools, but all must 
be taught an equal length of time. — Larrabee, Supt. 

The statute only requires the schools in the townships to be taught an equal 
length of time, as nearly as the same can be done. — Harmony Tp. v. Moore, 80 Ind. 
276. See also Maloy v. Madget, 47 Ind. 241. 

If tlie pupils of a district, where the school-house has been burned, have been 
accommodated at other school districts, the money may be distributed in the town- 
ship, and lengthen each of the schools a few days. If the children can not be so 
accommodated, the Trustee may hold the remainder of the tuition and apply it 
next year to this one district. — LaFoUette, Supt. 

2. Revenue xot apportioned. Under the late law [of 1855] the Director 
employed the teacher. To enable him to do this, the Trustee was required to ap- 
portion the school revenue of his township to the several schools thereof in such a 
manner as- to produce, as nearly as practicable, equality in the length of the 
schools. Under the present law the Trustee can not apportion the money so as to 
produce this equality before the beginning of the schools, when he will know the 
cost of each, and can determine the term for which they can be taught for the 
money on hand. — Fletcher, Su]3t. 

3. See § 4499, note 3. 

4495. Calendar. A school term of three months shall be 
sixty days, a school month twenty days, and a school week five days. 
(163) 

[1877, p. 124. Approved and in force March 5, 1877.] 

4496. Colored children. The Trustee or Trustees of such 
township, town or city may organize the colored children into separate 
schools of the township, town or city, having all the rights, privileges 
and advantages of all other schools of the township, town or city : 
Provided, That in case there may not be provided separate schools for 
the colored children, then such colox-ed children shall be allowed to 
attend the public schools with white children : Provided, farther, That 
when any child attending such colored school shall, on examination and 



122 SCHOOL LAW OF INDIANA. 

certificate of his or her teacher, show to the Trustee or Trustees of any 
township, town or city, that he or she has made sufficient advancement 
to be placed in a higher grade than that afforded by such colored school, 
he or she shall be entitled to enter the school provided for white children 
of a like grade, and no distinction shall therein be made on account of 
race or color of such colored child. (3) 

1. State's power — Separate schools. The system of common schools in 
this State has its origin in, and is provided for by, the constitution and laws of the 
State. It is purely a domestic institution, and subject to the exclusive control of 
the constituted authorities of the State. The Federal constitution does not provide 
for any general system of education to be conducted and controlled by the Federal 
government, nor does it vest in the congress any power to exercise a general or 
special supervision over the States on the subject of education. The classification 
of pupils on the basis of race or color, and their education in separate schools, 
involve questions of domestic policy which are within the legislative discretion and 
control, and does not amount to an exclusion of either class ; but since the ratifica- 
tion of the fourteenth amendment of the Federal constitution, no system of schools 
would be general, uniform, and equally open to all, as required by our own consti- 
tution (§ 182), which did not provide for the education of the colored children. — 
Corey v. Carter, 48 Ind. 327; State v. Gray, 93 Ind. 303; see Lewis v. Henley, 
2 Ind. 332. 

2. Distance must be reasonable. The Legislature evidently intended by 
the above section that the colored children should have a right to go to the public 
schools when in operation, if they desired ; and that they should go to separate 
schools when they were reasonably convenient, but when not convenient, then to 
the white schools. What is reasonable, under the circumstances, is largely with 
the Trustee, and I could lay down no certain rule by which he should be governed. 
The colored child could be required to go a reasonable distance to attend a colored 
school, although there might be white schools much closer, but when the reasonable 
distance has been reached, he can not be forced to go hey ond.— Woollen, Atty-Gen. 

A pupil who is compelled to go from the extreme corner of a township to the 
center of that township to obtain school privileges, is practically debarred from 
such privileges. Such a construction of the above act is evidently in accordance 
with neither the spirit nor the letter of the law. Hence, I must conclude that it is 
the intent of the law that not, only a school or schools must be provided, but that 
such school must be located that the distance such colored pupil must travel to 
reach it shall not be unreasonable, and that, in case this is not done, the colored 
children must be admitted to the white schools. In determining the reasonableness 
of the distance which a pupil may be compelled to travel to school, the age and 
condition of the pupil must be taken into consideration. — Bloss, Supt. 

3. Privileges equal. I think that the expression "all the rights, privileges 
and advantages of other schools," clearly makes it the duty of Trustees to furnish 
colored children, as far as may be possible, school privileges for an equal length of 
time with the whites. I do not see how the consent of the colored people them- 
selves to any other arrangement can relieve the Trustees of this duty to the colored 
children. It is the duty of the State to give them equal educational advantages 
with white children, whether they demand them or not. — Holcombe, Supt. 



SCHOOL LAW OF INDIANA. 12o 

4. Compulsion. The Township Trustee will not be ret^uired bj' mandate to 
establish separate schools for colored children, unless it is shown to be practi- 
cable.— State V. Grubb,_85 Ind. 213; State v. Gray, 93 Ind. 303. 

5. Separate schools permitted. The constitutionality of the law for the 
establishment of separate schools for colored and white children is settled. The 
discretion given to school officers to establish separate schools for colored children 
can not be controlled by the courts, in the absence of malice or corruption, nor can 
the courts compel the admission of a child to a school already overcrowded, nor 
consider the competency of teachers, or the necessity of the graded schools, nor 
determine the grade to which a child is qualified to be admitted. — State v. Gray, 
93 Ind. 303. 

-[1881 S., p. 580. Approved and in force April 7, 1881.] 

4496 a. Indigent children. It shall he the duty of each 
matron selected and appointed under the provisions of this act to pro- 
vide the children committed to her care and custody with suitable and 
sufficient food and clothing, and to give them proper home training and 
education ; and, in furtherance of this object, she shall send to the com- 
mon schools in the districts most convenient to the place where such 
children are kept, where they shall be received and taught at least three 
months in each year, all of such children under her care as are of 
the proper age to be admitted into such schools, and to give personal 
attention to the instruction of those not of sufficient age to be received 
into such schools. It shall further be her duty, at all proper times 
when such children are not in school, nor engaged in study, to engage 
them in some active labor suited to their age and strength, to the end 
that they may become useful, industrious and self-supporting citizens. 
(3) 

1. School privileges — Enumeration. Such children are entitled to school 
privileges in the corporation in which the statute (§6106 R. S.) establishes their 
home, and should be enumerated accordingly. — Holcomhe, Supt. 

[1886, p. 251. Approved April 2, 1885, and in force July 18, 1885.] 

4496 b. Appropriations for indigent children. 

The Boards of Commissioners in the several counties of this State are 
hereby authorized to make suitable appropriations for the education, in 
the common school branches of learning, of the pauper children of their 
respective counties- whenever, in the judgment of the Board of Com- 
missioners justice to the school district or districts wherein such pauper 
children are kept demands such assistance ; and all expenditures author- 
ized by this act, shall be made and paid out of the county treasury, on 
warrants drawn by the Auditor on the order of the Board of Com- 
missioners : Provided, That where there is no provision for a matron, 
or an insufficient number of children to require the services of a matron, 



124 SCHOOL LAW or INDIANA. 

or the establishment of a separate school for the inmates of such asy- 
lums, it shall be the duty of the Board of Commissioners to require the 
Superintendent of sUch asylum to send such children to the township 
schools. 

1. Note. Section 4496 A requires the matron, whenever such a person is 
employed, to send all the indigent children of school age who are in her charge to 
the common schools in the districts most convenient. This additional section 
requires the Superintendent of the County Asylum to send such children to school 
in like manner. All the indigent children maintained by the county are thus 
assigned to the public schools. They should, therefore, be enumerated by the 
school corporation in which they are maintained, so that the corporation may 
receive the amount of common school revenue apportioned for them by the County 
Auditor. But as such children represent no property from which the corporation 
may derive any revenue from local taxation, the County Commissioners are em- 
powered, and it is their duty, to appropriate such amounts as may seem to them 
just for the share of such children in the special school and local tuition revenues. 
— Holcombe, Supt. 

[1869, S. p. 40. Approved May 5, 1869, and in force August 16, 1869.] 

4497. Branches taught. The common schools of the 
State shall be taught in the English language ; and the Trustee shall 
provide to have taught in them orthography, reading, writing, arithme- 
tic, geography, English grammar, physiology, history of the United 
States, and good behavior, and such other branches of learning and 
other languages as the advancement of the pupils may require and the 
Trustees from time to time direct. And whenever the parents or 
guardians of twenty-five or more children in attendance at any school 
of a township, town or city shall so demand, it shall be the duty of the 
School Trustee or Trustees of said township, town or city to procure 
efficient teachers and introduce the German language, as a branch of 
study, into such schools ; and the tuition in said schools shall be without 
charge : Provided, Such demand is made before the teacher for said 
district is employed. (147) 

1. TiiiTSTEE's DUTY — MANDATE. In a Circuit Court the plaintiff asked for a 
writ of mandate to compel the defendants to have their children taught algebra 
and Latin in an ordinary district school. The court issued the mandate in regard 
to algebra, and refused it in regard to Latin, solely on the ground that the plaintiffs 
had not made a suitable demand on the Trustee in regard"to that study, holding 
that it was his duty to cause Latin to be taught, if the attainments of the pupils 
required it, and that he could be compelled to do so by suitable proceedings. The 
court argued that sections 4497 and 4499 were not inconsistent with each other. 
The intent of the Legislature was that " other branches of learning and other lan- 
guages " should be taught in the public schools whenever the pupils therein were 
sufficiently advanced in the elementary branches, and in order that the legislative 
intent might be made effective two modes of acting were provided for: (1) The 



SCHOOL LAW OF INDIANA. 125 

voters were empowered to act. But, lest fi-oiu any cause they failed in their duty 
and left those entitled to the benefits of the public schools without a remedy, then 
(2) The School Trustees should act, and, they being public officers, could be com- 
pelled by the courts to perform their duty in case they neglected to do the same. — 
Grubbs v. Williams, Johnson Co., 1880. 

2. Additional studies. It has been asked whether it is the duty of School 
Trustees to provide a course of study adapted to the preparation of pupils for col- 
lege. The question should be answered in the afhrmative.' It is fair to assume that 
the Trustees must provide suitable instruction for all the children who have a right 
to attend school ; that is, they must afford them such instruction as their attain- 
ments demand. If a child has mastered all the primary branches, and being less 
than twenty-one years of age, still desires to attend schools, the Ti'ustees must pro- 
vide suitable instruction for him. It is not reasonable to expect him to spend 
further time on branches which he has mastered. The fact that the law permits 
children to attend school till they are twenty-one years of age is presumptive proof 
that the Trustees may be required to furnish such instruction as is suitable to their 
attainments till they reach that age. I think the argument here adduced equally 
applicable to Trustees in cities as to those in townships, as the language of the statute 
applies to both alike. — Smart, Stipt. 

S. Order op studies. The school law provides that instruction shall be im- 
parted in certain studies, the German language under certain circumstances being 
included in the list. The time, at which these studies shall be commenced, the 
order in which they shall be taken up, and the length of time devoted to each, are 
matters which are and must be left to the Trustee or School Board. It is their duty 
to act upon a regular petition, but to act in the way which in their discretion seems 
most practicable. — Holcombe, Supt. 

4. Teacher's contract. If the Trustee had employed a teacher for the term, 
or school year, before the patrons of the district petitioned him to have the German 
language taught in the school, then he was justified in paying no attention to their 
petition. — Baldwin, Atty- Oen. 

5. German a branch of study. The plain requirement of the law is that 
the common schools shall be taught in English, and that under certain circum- 
stances the German language may be introduced as a branch of study. It is not 
contemplated that German shall be used as the medium of communication and in- 
struction in the schools. That woxild be at variance with the purpose of our 
schools. But in the midst of a dense foreign population it may be impossible to 
conduct a school in English. The law never recj^uires the impossible. But it is the 
duty of officials and citizens to conform to the law in all respects as nearly as cir- 
cumstances permit. Now, the German children of Indiana are as much entitled 
to school privileges as any others, and it is often necessary that they receive in- 
struction through the medium of their native language. But when such is the case 
the teacher should be required to teach the children the English language as rap- 
idly as it can be done, and to change the language of the school as soon as possible 
from German to English, making the latter the medium of communication. It 
follows that no person should be employed as a teacher of German children who 
is not able to pursue this course, for which the ability to speak English is essential. 
Indeed, so important is a thorough knowledge of English to such teachers that the}^ 
ought to be able to write their examination in that language, and there is no reason 
for exempting them from examination in any of the eight branches. — Holcombe, Supt. 



126 SCHOOL LAAV OF INDIANA. 

6. Music. The Trustees may require all pupils to study music, to provide 
themselves with a certain kind of music books, and may prohibit the attendance of 
any pupil that refuses to comply with such requirement. — State v. Webber, 108 
Ind. 31. ^ 

7. License foe teacher of German. A teacher of German in the public 
schools must possess a general license to teach. — Michener, Atty-G'en. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4498. Voters' meeting— School Director. The 

voters shall meet, annually, on the first Saturday in October, and elect 
one of their number Director of such school ; who shall, before entering 
upon duty, take an oath faithfully to discharge the same. The Director 
so elected shall, within ten days after said election, notify the Trustee 
of his election ; and, in case of failure to elect, the Trustee shall forth- 
with appoint a Director of said school. But any Director so appointed 
may be removed, upon a petition of three-fourths of the persons attached 
to said school who are entitled to vote at school meetings. (25) 

1. Voters at school meetings. Voters at the school meetings of a district 
are all tax-payers, male and female, except married women and minors, who have 
been listed as parents, guardians, or heads of families, and attached to such district. 
Tax-payers are those persons who are liable to pay taxes, either poll or upon 
property. Any voter at the school meeting [a woman if unmarried] is eligible to 
the office of Director. — Buskirk, Aity-Gen. 

Transferred persons are voters in the district to which they are attached. — g 4473. 
Persons who have moved into the district since the enumeration are voters. — 
LaFollette, Supt. 

2. The Director. The selection of a Director should be a matter of great 
care. He receives no pay for his services, and should therefore be one whose in- 
terest in the cause of education would lead him to be a frequent visitor of the 
school, and whose knowledge of the wants of the school room is such that he will 
see that it is provided with all that will add to the comfort and convenience of the 
teacher and the scholars. — Fletcher, Supt. 

If the person elected Director refuses to serve, the old Director holds over, and 
if he refuse to hold over, or if at any time the Director dies or resigns, a meeting 
should be called to fill the vacancy. (? 4499.) The Trustee can fill a vacancy only 
when it is caused by failure of the annual meeting to elect. A person elected can 
not be removed upon petition ; but a person appointed must be removed when the 
demand is properly made. — Bloss, Supt. 

3. Term. A person appointed to the office of Director serves for a year, 
unless removed by the Trustee upon petition of the voters. The Trustee succeeding 
the Trustee who appointed him can not remove him. — LaFollette, Supt. 

[1873, p. 68. Approved and in force March 8, 1873.] 

4499. Other meetings — Powers. The voters at school 

meetings may hold other school meetings at any time, upon the call of 
the Director or any five voters. Five days' notice shall be given of such 



fe^it-^fe! 



SCHOOL LAW OF IiN DIANA. 127 

meeting, by posting notices in five public places in the vicinity ; but no 
meeting shall be illegal for want of such notice, in the absence of fraud ; 
and the legality of such proceedings, if called in question, shall be de- 
termined by the Trustee of the township, subject to an appeal to the 
County Superintendent, whose decision shall be final. Such school 
meetings shall have power to determine what branches, in addition to 
those mentioned in section thirty-four of this act [§ 4425], they desire 
shall be taught in such school, and the time at which such school shall be 
taught : Provided, hoivever, That the tuition revenue apportioned to 
the school shall be expended within the school year for which it was 
apportioned : Provided, further, That such school year shall begin on 
the first Monday of July. Such school meetings shall likewise have the 
power to fill vacancies that may occur in the ofiice of Director ; to direct 
such repairs as they may deem necessary in their school house ; to peti- 
tion the Township Trustee for the removal of their school house to a 
more convenient location, for the erection of a new one, or the sale of 
an old one and the lands belonging thereto, and upon any other subject 
connected therewith ; and at such meetings all tax-payers of the district 
shall be entitled to vote, except married women and minors : Provided, 
That nothing herein contained shall prevent the Trustee from exercising 
a sound discretion as to the propriety or expediency of making such 
repairs, removing or erecting school houses, and the cost thereof. (26) 

1. School meetings. The machinery of school meetings and School Direct- 
ors is unprovided for and unknown in cities and towns. — Crav/fordsville ^^. Hays, 
42 Ind. 206. 

2. On determination of branches, see ^ 4497 and notes; on filling vacancies, 
see ? 4498, note 2. 

3. Apportionment. The apportionment here mentioned is not an apportion- 
ment in the strict sense in which the term is used when referring to that made to 
the counties by the Superintendent of Public Instruction, and that made to cities, 
towns and townships, by the County Auditor; but merely means an informal esti- 
mate by the Trustees of the amount of money needed for each school or district. 
(§4494-2.) A district is not a corporation, and does not acquire a right to any 
definite share of the revenue, which belongs to the township as a whole. If, there- 
fore, a teacher terminates his engagement so near the close of a term that it is in- 
expedient to employ another person to complete the term, the money designed by 
the Trustee for that school remains in his hands, to be applied to payment of ex- 
penses of the other schools in his corporation, and that part of it derived from the 
tuition revenue must be expended within the school year. — Holcombe, Supt. 

4. Location of schooi, house — Appeal. The action of a school meeting, 
with reference to the erection, repair or removal of a school house, etc., has only 
the force of a request, and, therefore, never binds the Trustee to any course of 
action. — Smart, Siqjf. 

A Township Trustee can not, by mandate, be required to locate and build a 
school house on land that does not belong to the township, notwithstanding the 



128 SCHOOL LAW or INDIANA. 

County Examiner, on an appeal from his decision, has rendered a judgment requir- 
ing him to erect a school house on said land. It is not enough that a jietition by 
certain inhabitants of the proper school district to the Trustee, praying for such 
location and building, states that the land will be deeded to the township on the 
acceptance of the location by the Trustee and his order to build. — Koontz, v. State, 
44 Ind. 323. See § 4517-4519. 

5. Appeal — Trustee's DrscREXiON. The decision of the Examiner is, doubtless, 
final so far as the particular case before him is concerned. But when the Examiner, 
upon a case appealed to him, has established the location of a school house, is that 
location to be forever thereafter permanent? Is there no power left in the Trustee, 
for it must be in him if in any one, to subsequently change the location, in order 
to meet the varying wants of the district? We must hold that the location thus 
made by the Examiner shall forever remain unalterably fixed, or that it may be 
subsequently changed -by the Trustee. If it may be changed by the Trustee at all, 
it may be done at any time after the action of the Examiner. Mere lapse of time, 
whether long or short, can not affect the question. As before observed, we think it 
clear that the Trustee can make the change. — Id. See §4537. 

On appeal, a County Superintendent reversed the decision of the Trustee, 
locating a school house. Again, on appeal, he reversed another decision by such 
Trustee, refusing to locate the school house at a place designated by the Superin- 
tendent in his first reversal. Thereupon the Trustee located the house at an 
entirely different place, but near (150 yards from) where he had first located it. 
The court decided that he could not be prohibited from locating the school house at 
the place last chosen, and that the County Superintendent can not make the loca- 
tion, and that his decision on appeal is final only for the time. — State r. Mewhinney, 
67 Ind. 397. This case overrules Trager v. State, 21 Ind. 317, and State v. Custer, 
11 Ind. 210, on this point. 

6. Appeal — Abolishhstg district. The facts in this case were that the legal 
voters and patrons of school district No. 16 held a meeting, and by resolution re- 
quested the Township Trustee to fit up an additional school room and procure a 
teacher for said room. The Trustee declined to comply, and an appeal was taken 
to the County Superintendent, who reversed the Trustee's decision. This action 
was by mandate to compel the Trustee to comply with the request. The Trustee 
answered that the land whereon the said school had been conducted did not belong 
to the township, but was individual property, which had not been leased or other- 
wise secured by the township ; that said district never had a school building ; that 
other schools had been established, and an arrangement made to accommodate the 
children of jSfo. 16, which had been abolished. The complaint stated no cause of 
action. The statutes permitting the voters to hold school meetings and dii-ect the 
repairs, etc., of the school buildings has only reference to public schools. The stat- 
ute has no reference to private schools, nor to private buildings of any kind not 
leased to the township for school purposes. Where the voters direct repairs to be 
made elsewhere than the public school building, the Trustee has no right to obey, 
and the decision of the County Superintendent otherwise is a nullity. The Trustee 
had authority to abolish No. 16 and provide other educational facilities for the 
children thereof.— State v. Sherman, 90 Ind. 123 ; Tufts v. State, 119 Ind. 232. 



SCHOOL LAW OF INDIANA. 129 

[1865. p. 3. Approved and in force March 6, 1865.] 

4500. Estimate of expenses. When such meetings shall 
petition the Trustee in regard to repairs, removal, or erection of a 
school house, they shall also furnish to such Trustee an estimate of the 
probable cost of such repairs, removal or erection. (27) 

1. Petition of patrons. A petition for the location, etc., of a school house 
may be signed and presented to the Trustee, and an appeal taken therefrom; 
although such petition did not originate, nor was it signed, at a school meeting. — 
Trager v. State, 21 Ind. 317. 

[1891, p. 111. Approved and in force March 5, 1891.J 

4500 a. Doors must swing outward. Whoever, being 
the owner, manager, lessee. Trustee, or person having the charge of any 
theater, opera-house, museum, college, seminary, church, school house, 
or other public building, refuses or neglects to cause all the doors 
thereof, constructed for the purpose of ingress and egress, whether in- 
ner or outer doors, to be so hung that the same shall swing outwardly, 
shall be fined in any sum not exceeding one thousand dollars nor less 
than ten dollars, to which may be added imprisonment in the county 
jail for any period not exceeding six months : Provided, That fhis sec- 
tion shall not apply to the outer doors of one-story churches and school 
houses. (243) 

[1883, p. 30. Approved February 27. 1883, and in force June 5, 1883.1 

4501. Teachers, employment and dismissal. 

Trustees shall employ no person to teach in any of the common schools 
of the State of Indiaua, unless such j)erson shall have a license to teach, 
issued from the proper State or county authority, and in full force at 
the date of the employment. Any teacher who shall commence teach- 
ing any such school without a license, shall forfeit all claim to compensa- 
tion out of the school revenue for tuition for the time he or she teaches 
without such license; but if a teacher's license shall expire by its own 
limitation within a term of employment, such teacher may complete 
such term of employment within the then current year. The said 
Trustee shall not employ any teacher whom a majority of those entitled 
to vote at school meetings have decided, at any regular school meeting, 
they do not wish employed ; and at any time after the commencement of 
any school, if a majority of such voters petition such Trustee that they 
wish the teacher thereof dismissed, such Trustee shall dismiss such 
teacher, but only upon due notice, and upon good cause shown ; but 
such teacher shall be entitled to pay for services rendered. (28) 

1. License essentiai. A valid contract for the teaching of a public lichool 
can not be made by a Trustee with one who, at the time, has no license to teach in 
9— ScH. Law. 



130 SCHOOL LAW OF INDIANA. 

the county, and the subsequent procurement of a license does not validate the con- 
tract. — Butler r. Hains, 79 Ind. 575. And a person can neither recover compensa- 
tion for services rendered as teacher, nor damages for breach of contract for such 
services, unless he was licensed to teach as prescribed by the statutes. — Jackson 
Township r. Farlow, 75 Ind. 118. See also Harrison v. Conrad, 26 id. 337, and 
Putnam v. Irvington, 69 id. 80. 

2. Liabilities of Trustees. If a Trustee employs or permits to begin teach- 
ing in a public school any person who has not a valid license as required by law, 
the Trustee will be liable on his bond for the misapplication of any school revenue 
paid to such unlicensed person ; and the County Superintendent or any interested 
citizen may bring an action against the Trustee to recover for the corporation the 
amount so misapplied. — Holcoinbe, Siipf. 

If the father or guardian of a minor employed to teach has given him what is 
popularly called "' his time," the minor can sue for and recover the value of his 
services, and the Trustee can pay him the money earned without fear of having to 
pay it to such father or guardian. But if the father or guardian has not given 
him ''his time," then only the father or guardian is entitled to receive pay for the 
services rendered, and either of them is entitled to sue for the same. In all cases, 
before payment is made, require the father or guardian to give a receipt, or else 
require him to consent in writing to the payment to the minor. — Baldwin, Atty-Gen. 

3. Teachers' CONTEACTS — Actions. A teacher contracts with a school town- 
ship through its Trustee, and although the Trustee squanders the township funds 
and his .bond is worthless, yet the township is liable to pay the teacher as specified 
in the contract. A verbal contract with a School Trustee to teach a school is as 
binding as a written contract. — Baldwin, Atty-Gen. 

A contract to teach school, which is left blank in respect to the terms of em- 
ployment, and contains no stipulation as to how the blanks shall thereafter be 
filled is not binding ; but if treated as a contract of employment for an indefinite 
time the damages for its breach would be nominal only. — Atkins v. Van Buren Town- 
ship, 77 Ind. 447. 

The fact that a Trustee has no funds is no defense to a teacher's claim for 
compensation, nor an excuse for refusing to allow him to complete his term of em- 
ployment. — Harmony Township r. Moore, 80 Ind. 276. 

The court, after a failure to make the money on execution, may order the 
judgment in favor of the teacher to be paid out of the school funds of the town- 
ship in the county treasury. — Town of Milford v. Simpson, 11 Ind. 520. 

A teacher of a common school is entitled to compensation, if failure to actually 
conduct the school each day of the term was caused by the act or omission of the 
school authorities ; and where the evidence shows that a strict performance by the 
teacher of the conditions of the contract has been prevented or waived by such act 
or omission, a recovery can not be defeated by such failure. — Charlestown Town- 
ship V. Hay, 74 Ind. 127. 

To recover for his services, the teacher must sue the school township, and not 
the civil township. — Harrison Township v. McGregor, 67 Ind. 380. 

When may be employed. A contract made by the School Board of Trustees of a 
town or city with a teacher prior to the annual election in .lune of a new member 
of the board and the reorganization required by statute, for services to be performed 
after the election of such member, is valid and binding on the school town or city. — 
School Town of Milford v. Zeigler, 27 N. E. Rep. 303 ; Eeubelt r. School Town of 
Noblesville, 106 Ind. 478. Amount of recovery, see § 4449, note 4. Sufficiency of 



SCHOOL LAW Oi^ INDIANA. 131 

Complaint, see School Town of Eockefeter i. Shaw, 100 Ind. 208, and Owen Scihool 
Township v. Hay, 107 Ind. 351. So a Trustee of a township may, in good faith- 
make a contract, for a reasonable time, for the teaching of a school in his town- 
ship, although the school will not open until after the term of the Trustee will have 
expired. — Nichener, Atlu-Gen. 

Where a School Ejard in session passed, and entered of record, an order em- 
ploying a teacher this was a valid employment, and the subsequent signing by the 
Trustees at different times can not affect it. School Town of Milford v. Zeigler, 
27 K. E. Kep. 303. 

The licensing of a minor to teach in our public schools does not remove his 
disability to bind himself by a contract to teach school. Any contract such minor 
may make with a school township is binding upon the township, and such minor 
may sue the township and recover the value of his services, even though that 
amount be more than the price agreed upon. But the minor is not bound to teach 
the school unless he sees fit, and he can receive pay only for the work actually 
done. — Baldwin, Atty-Gen. See 2 above. 

4. Pkotest against teacher. A protest against a teacher to be binding must 
be made at a school meeting regularly called and conducted according to law before 
the employment of the teacher, and by a majority of all the persons entitled to 
vote at such meeting, not merely a majority of those present. The persons entitled 
to vote at the school meeting of a district are all tax-payers, male and female, ex- 
cept married women and minors, who have been listed by Trustees as parents, 
guardians or heads of families, and attached to such district. (^ 4498-1.) The pat- 
rons are by law entitled to protest against the employment of any teacher. It is 
the Trustee's duty to allow them an opportunity to make their protest in the man- 
ner provided by law, and, if he is notified that a school meeting will be called for 
that purpose, any contract he may make with a teacher will be subject to the action 
of such meeting. Patrons are not empowered to select teachers (§ 4444-2), and 
they can not effect a selection indirectly by protesting against all the world except 
a certain person. The protest must name definitely the person or persons against 
whom it is directed. — Ilo'covibe, Supt. 

5. Dismissal of teachers. A teacher employed for a definite time may be 
discharged for incompetency ; but if he is competent, and is, in all things, fulfilling 
his contract, he can not be, without his consent. — Crawfordsville v. Hays, 42 Ind. 
200. But when the teacher is improperly discharged, the school corporation, not 
the Trustees personally, is liable.— Tilorrison r. McFarland, 51 Ind. 206; Butler r. 
Haines, 79 Ind. 575. 

This is the language of the Supreme Court, and, although made with reference 
to a city, is an enunciation of the common law principle, and is, I think, applica- 
ble to the case of dismissal of a teacher by a Township Trustee, without a petition 
from the patrons. If the teacher breaks the contract, it seems to me that the 
Trustee should not be bound by it. The law requires the Trustee to investigate 
charges made against a teacher by a majority of the voters of the district, but it is 
held that he viay investigate charges made by any number of responsible patrons. 
The decision of the Supreme Court, upon an analagous question, in Thayer v. State, 
21 Ind. 317, justifies this opinion. — Smart, Supt. 

A teacher may be dismissed by the Trustee, upon notice and for good cause 
shown, if a majority of those entitled to vote at a school meeting petition the 
Trustee so to do. — Michener, Atty-Gen. See 1 4426, note 3. 



132 SCHOOL LAW OF INDIANA. 

The Trustef bIiouUI invcsLiga,lc the truth or lultflcy of the matter alleged for the 
dismissal of a teacher. For this purpose he should cause the parties — petitioners 
and teacher — on an appointed day to appear before him, when he should hear the 
testimony pro and con. Any of the causes for the revocation of a license enumer- 
ated in § 4426, is likewise good cause for the dismissal of a teacher. Peculiar cir- 
cumstances may sometimes render dismissal proper for other causes. — Blost^, Siipf. 

6. Corporal punishment. A teacher may punish a pupil, with kindness, 
prudence and propriety, for disobedience of his proper commands; and when the 
punishment is reasonable he can not be prosecuted for assault and battery. — Cooper 
V. McJunkin, 4 Ind. 290; Danenhoffer v. State, 69 id. 295. 

The teacher may exact compliance with all reasonable commands, and enforce 
obedience by inflicting corporal punishment, in a kind and reasonable manner, 
upon a pupil for disobedience. Such punishment must be within the bounds of 
moderation and apportioned to the gravity of the oftense; but when complaint is 
made, the judgment of the teacher as to what the situation required should have 
weight, as in the case of a parent under similar circumstances, and the reasonable- 
ness of the punishment must be determined upon the facts of the particular case. 
The presumption is that the teacher did nothing more than his duty. The legiti- 
mate object of chastisement is to inflict punishment by the pain which it causes, as 
well as by the degradation it implies ; and it does not follow that chastisement was 
cruel or excessive because pain was produced, or abrasions of the skin resulted 
from a switch used by the teacher. When a proper weapon has been used, the 
character of the chastisement, with reference to any alleged cruelty or excess, 
must be determined by the nature of the oflTense, the age, physical and men- 
tal condition, as well as the personal attributes, of the pupil, and the deportment 
of the teacher. — Vanvactor v. State, 113 Ind. 276; Danenhoffer v. State, 79 Ind. 75. 

7. Holidays. The Fourth of July, Thanksgiving Day, Christmas, and New 
Year's, are, by universal consent and very general practice, regarded as holidays 
in this country. Employes in almost all kinds of business are excused from labor 
on those days and allowed their wages. It would surely be very unreasonable to 
make a teacher an exception to this general rule. — Hopkins, Svpt. 

Recognized holidays can not be deducted from the time for which a school 
teacher contracts to teach, and his pay reduced accordingly. Pie is entitled to pay 
for such days, even though he does not teach. School District No. 4 r. Gage, 39 
Mich. 484 ; Holloway v. School District, 62 Mich 153. 

8. In cities and towns. The latter part of this section (concerning the 
power of school meetings and the employment and discharge of teachers) has no 
application to cities and incorporated towns. But if, in such cities and towns, the 
teacher be incompetent, or fail in the duties of teacher, he may be dismissed by the 
School Trustees. — Crawfordsville v. Hays, 42 Ind. 200; Putnam v. School Town of 
Irvington, 69 Ind. SO. 

[1865 S., p. 143. Approved and in force December 20. 186).] 

4502. Special examination. If the persons attached to 
and forming a school district have, at their scliool iiieeting, designated 
other or a less number of branches of learning than those in section 
thirty-four of this act [§ 4425] mentioned, which they desire to have 
taught in their school, the Trustee, in employing a teacher for said 



SCHOOL LAW OF INDIAHA. 193 

school, shall require said teacher to be examined as to his qualifica- 
tions to teach the branches of learning required by said school meeting. 

(36) 

1. See 'i 4497 and notes, and JJ 4425, note 7. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4503. Director's duties. The Director of each school 
shall preside at all meetings of the inhabitants connected therewith, and 
record their proceedings. He shall also act as the organ of communi- 
cation between the inhabitants and the Township Trustee. (29) 

1. Eemaek. The creation of the office of District Director was designed to 
devolve a certain class of the Township Trustee's duties, which might very properly 
and with more promptness be discharged by a local agent in eacli district, upon a 
person chosen by the people of the locality immediately interested. Much will 
depend on the energy, intelligence and promptness of the Director. — 3fiUs, Supt. 

4504. He has charge of the school house. He 

shall take charge of the school house and property belonging thereto, 
under the general order and concurrence of the Trustee, and preserve 
the same ; and shall make all temporary repairs of the school house, 
furniture and fixtures, and provide the necessary fuel for the school, 
reporting the cost thereof to the Trustee for payment. (30) 

1. Possession of house. We think the Trustee has charge and possession 
of the school house, for although the Director has the charge for certain purposes, 
he acts under the order and concurrence of the Trustee. — Hurd r. Walters, 47 Ind. 
148. 

2. Tempoeaey eepaies — Fuel. The Director is the local agent of the 
Trustee, and is subject to his orders. He, however, is to exercise entire control so 
far as temporary repairs are concerned, and is to provide necessary fuel. Let us 
explain what is meant by necessary fuel. It refers not simply to quantity, but also 
to the quality of fuel and its preparation for use. A tree hauled up to the door is 
not necessary fuel, nor is a load of good four-foot wood. Necessary fuel means that 
which is dry, conveniently piled and properly prepared for use. The expense of 
preparing the fuel is to be reported by the Director to the Trustee, who is to pay 
the former for it. A teacher is not a wood-hauler, wood-chopper, oi wood-sawyer, 
unless he specially contracts to be such. — Fletcher, Supt. 

3. Janitoe seevice. It is as much the duty of the Trustee to see that the 
fuel is placed in the stove and the school room made comfortable and neat, as it is 
to furnish the fuel and brooms for these purposes, or to see that the children are 
well taught and disciplined when once in the room. How and through whom he 
shall accomplish these things is just where the law is wisely silent. 1 can conceive 
of various Avays in which he may accomplish them. He may authorize the Director, 
who is generally chosen because of his proximity to the school house, to perform 
the work, and then pay him out of the special school tax; or he may authorize 
him to employ some suitable person, and compensate the employe in the same 
manner; or he may employ the teacher himself, and pay him from the same 
source. — Hopkins, Supt. 



134 SCHOOL LAW OF INDIANA. 

Unless there is an agreement between the Trustee and teacher that the latter i9 
to perform janitor's service, I think he can not be compelled to do so. — Smart, Supt. 

It is the duty of every School Director to put his school house in a suitable 
condition for the reception of pupils, and this is as much his duty at the middle of 
the term, or the last day, as the first day. A school house is not fit to receive the 
pupils until the janitor work has been done each day. It is as essential that he 
should put the school house in a clean and comfortable condition as it is that he 
should repair the roof. It being his duty, by consent of the Trustee, and not being 
any part of the teacher's duty, to prepare the school house in a suitable manner for 
the reception of the pupils, he has a right to employ the usual agency and pay a 
sufficient sum to accomplish it. The Trustee is therefore empowered to allow a 
reasonable amount for such expense in providing a janitor for the school house, 
and the Board of County Commissioners can not do otherwise than allow all reason- 
able bills of the same kind. — Baldwin, Atty-Gen. 

The janitor may be paid out of the special school fund. — LaFolld.te, Supt. 

4505. Visits school — May exclude pupils. He 

shall visit and inspect the school, from time to time, and, when necessary, 
may exclude any refractory pupil therefrom ; but the exclusion of any 
pupil from the school for disorderly conduct shall not extend beyond 
the current term, and may be, in the discretion of the Director, for a 
shorter period. (31) 

1. Eefkactory prPiL. Directors have the power to exclude refractory pupils 
from school for the current term, and School Trustees of cities and towns have 
undoubtedly the same right. A refractory pupil is one who persistently refuses to 
obey the reasonable rules and regulations of the school, whether made by the 
teacher or the County Board. The teacher may temporarily exclude from school 
a disorderly and noisy pupil. In such case the matter should be reported to the 
Director as soon as possible.— ^«icfrf, Supt. 

2. Exclusion for truancy. The law provides that refractory pupils may 
be excluded from school. Truancy is a very great evil, tending in various ways to 
disturb the order and interrupt the progress of the whole school. A very high 
authority has declared it the greatest hindrance to the improvement of our schools, 
and the laws of some States have made it in some sense penal. Considering the 
magnitude of the evil, it seems scarcely to admit of question that pupils habitually 
incorrigibly truant, may be excluded from school for the current term as refrac- 
torj'. — Hobbs, Supt. 

3. Teacher's power as to discipline. The law is well settled, as it seems 
to us, that the teacher has the right to exact from his pupils obedience to his lawful 
and reasonable commands, and to punish disobedience. In a recent Wisconsin 
case it was well said: "In the school, as in the family, there exists on the part of 
the pupils the obligations of obedience to lawful commands, subordination, civil 
deportment, respect for the rights of other pupils, and fidelity to duty. These obli- 
gations are inherent in any proper school system, and constitute, so to speak, the 
common law of the school. Every pupil is presumed to know this law, and is sub- 
ject to it, whether it has or has not been re-enacted by the District Board in the 
form of written rules and regulations." — Danenhofler v. State 69 Ind. 295. 

4. Teacher's authority out op school. On this difficult subject we are 
without guidance from our own Supreme Court, but find sound principles enun- 



SCHOOL LAW OF INDIANA. 135 

ciated in the familiar case of Lander v. Seaver, 32 Vt. 114, as follows: "When the 
child has returned home or to his parents' control, then the parents' authority is 
resumed and the control of the teacher ceases, and then for all ordinary acts of mis- 
behavior the parent alone has the power to punish." But "though a schoolmaster 
has, in general, no right to punish a pupil for misconduct committed after the dis- 
missal of school, and the return of the pupil to his home, yet he may, on the 
pupil's return to school, punish him for any misbehavior, though committed out 
of school, which has a direct and immediate tendency to injure the school and to 
subvert the master's authority," as when the pupil, " in the presence of other pupils 
of the same school used towards the master, m his hearing, contemptuous language, 
with a design to insult him, and which liad a direct and immediate tendency to 
bring the authority of the master over his pupils into contempt, and lessen his hold 
upon them and his control over the school." Teachers, therefore, should be very 
careful how they punish pupils for what they may do or say away from the school 
premises, and should never undertake to punish for such behavior unless it seems 
necessary for the preservation of discipline in the school. The teacher can not 
justly be held responsible for the conduct of pupils when out of his sight or be- 
yond his control, and he should give parents and guardians to understand that 
he will not attempt to exercise a control which it is their duty to exercise them- 
selves. — Holcombe, Supt. 

4506. Appeal to Trustee. The decision of a Director in 
excluding a pupil shall be subject to appeal to the Township Trustee, 
whose decision shall be final. (32) 

1. Note. The parent or guardian, or the pupil himself may n.ppeal. No for- 
mal documents are necessary, and the Trustee has the right to make an investiga- 
tion upon a verbal statement. But he should make a record of the facts in the 
case and of his decision thereon. — Smart, Supt. 

4507. Insulting teacher. If any parent, guardian, or 
other person, from any cause, fancied or real, visit a school with the 
avowed intention of upbraiding or insulting the teacher in the presence 
of the school, and shall so upbraid or insult the teacher, such person, 
for such conduct, shall be liable to a fine of not more than twenty-five 
dollars ; which, when collected, shall go into the general tuition 
revenue. (162) 

1. Part unconstitutional. The provision that the proceeds of the fine 
shall go into the general tuition revenue is void, since the Constitution ( viii, 2 ) 
makes fines assessed for breaches of penal lav/s of the State a part of the common 
school fund. 

2. Assault on teacher. A Township Trustee and the School Director, upon 
the refusal of a duly employed teacher to allow a vacation of the school for a time, 
which they and certain patrons f>f the school had demanded, entered the school 
house, of which the teacher was in rightful, peaceable possession, seized him and 
pulled, dragged and threw him out of the building, and inflicting serious injuries 
upon him ; they were held guilty of a wrongful assault and battery, and liable for 
the damages he sustained. — White t. Kellogg, 119 Ind. 320. 



136 SCHOOL LAW OF INDIANA. 

4508. Title of school property. The title to all lands 
acquired for school purposes shall be conveyed to the township, incorpo- 
rated town, or city for which it is acquired, in the corporate name of 
such township, town, or city, which is used for school purposes, for the 
use of common schools therein. In all cases in which the title to any 
such land is vested in any other person or corporation than as above pro- 
vided, it shall be the duty of the Trustee for school purposes of the 
township, town, or city to procure the title to be vested as in this section 
provided. (157j 

1. Trust title— Change of tkustee. The corporation (township, town, or 
cityj holds the title in trust for school purposes, and upon the incorporation of a 
town, it becomes the Trustee, and entitled to such real estate as lies within its 
boundaries.— Carson v. State, 27 Ind. 465 ; Leesburg v. Plain Township, 86 id. 582 ; 
and can compel the Trustee of the township to convey the school house and lot to 
it.— School Township of Allen v. School Town of Macy, 109 Ind. 559. 

2. Formation uf town — Eevenve. If a town is formed out of a portion of 
a township, ihe School Trustees of the town are entitled to demand and receive of 
the Township Trustee the proportion of school moneys belonging to the town, and 
it is the duty of the Township Trustee to ascertain the amount and pay it over to 
the Town School Board. — Johnson v. Smith, 64 Ind. 275. 

So when a new township is created by a division of the territory of an existing 
township, the former is entitled to an equitable division of the school fund be- 
longing, or to be apportioned, to the township as originally constituted ; and if 
there be no debt to be provided for, the new township should receive its jjroportion- 
ate share of the special school revenue and tuition fund which should be ap- 
portioned upon the basis of the enumeration of school children residing in the 
territory constituting such new township. — Towle v. Brown, 110 Ind. 65, 599. 

o. School, board— Township Trustee. Under the law, it is clearly the 
duty of the Trustees of an incorporated town to appoint School Trustees for the 
corporation, and I think they can be compelled to do so by a writ of man'date from 
the Circuit Court. In case the Township Trustee continues to control and manage 
the schools of an incorporated town (no town School Trustees having been appointed), 
I think that, under the general principle that an officer shall continue to perform 
his duties till his successor is appointed and qualified, he would be liable on con- 
tracts made by him in exercising such control and management.— i/o/co?«-6e, Supt. 

4. Corporate limits — C'onditional deed. A school corporation can not 
establish a school outside of its territorial limits. — State v. Shields. 56 Ind. 521. 
You say that a lot was deeded to a township " for school purposes," and ask if the 
house built thereon will revert to the original owner if the Trustee decides to 
change the location of the school house. If the above quotation is all that is 
expressed in the deed upon that subject, then I think the property will not revert to 
the original owner. If the deed should say, " ko Itmg ax ^(sed for school purposes," 
then I suppose it might revert to the original owner. — Woollen, Attij-Gen. 

4509. Use of school house. When a school house is 
Tn30ccii])ied l)y a common school of tlie State, and the people who form 
the school at such house desire that a private school be taught therein, 



SCHOOL LAW OF ikDlANA. IST 

and a majority of them make application to the Trustee having charge 
of such house for the use of it for such private school, it shall be the 
duty of the Trustee to permit said school house to be used for such 
private school by such teacher as may be mentioned in the application, 
but not for a longer time than until said house may be wanted for a 
public school ; and such permission and use shall be upon the condition 
that the teacher employed in said school shall report, in writing, to the 
Trustee — 

Fird. The number of teachers employed, distinguishing between 
male and female. 

Second. The number of pupils admitted into the school within the 
term, and the average daily attendance. 

Third. The cost of tuition, per pupil per month, in said school. Tl58) 

1. Teacher's report — Care of house. It is not the intention of this sec- 
tion to deny the Trustee the right to permit the use of a school house for a private 
school, in the absence of a petition, unless there shall be a protest of a majority of 
the district against such use. In order to secure proper qualification on the part 
of the teacher, it is recommended that, other things equal, the house be let to a 
teacher holding a valid license. To secure the preservation of the house, it is 
recommended that some reliable party should be held responsible to the Trustees 
for the proper care of such property, and for repair of all damages. This party 
may be the teacher or some other, as may be agreed upon. It is hoped that Trustees 
will insist upon reports from teachers, as provided for in this section. — Hoss, Swpt. 

2. Trustee's discretion. Tlie people who form the school at such house 
must be construed to mean the persons entitled to vote at the school meetings. The 
Trustee has no discretion as to permitting the use of a school house for a private 
school when applied for as provided in this section. He must permit the use. The 
teacher occupying a school house, iinder such petition, thereby obligates himself to 
comply with the conditions contained in the law as to reporting. — Hobbs, Supt. 

3. Appeal to County vSuperintendent. As the law provides for holding 
private schools in public school buildings, and prescribes the steps to be taken in 
obtaining permission to hold them, I think ? 4537 as to appeals must be held to 
apply to the establishment of such private schools, as well as the regular public 
schools. If, therefore, the directions of this section have been complied with, and 
the Trustee refuses the use of the liouse for a private school, an appeal may be 
taken to the County Superintendent. If the Trustee refuses to obey the decision of 
the Superintendent, he may be compelled to do so by a writ of mandate. — Holeoinbe, 
Supt. 

[1859, p. 181. Approved March ."., 1850, nnd in force August (5, 1859.] 

4510. Use of school house. If a majority of the legal 
voters of any school district desire the use of the school house of such 
district for other purposes than common schools, when unoccupied for 
common school purposes, the Trustee shall, upon such application, au- 
thorize the Director of such school district to permit the people of such 



138 SCHOOL LAW OF INDIANA. 

district to use the house for any such purpose, giving equal rights and 
privileges to all religious denominations and political parties, without 
any regard whatever to the numerical strength of any religious denomi- 
nation or political party of such district. (6) 

1. Note. The Trustee, upon application of a majority of the legal voters of 
a school district, may authorize the Director to permit the use of the house for other 
than school purposes, and a complaint to enjoin such use must aver that a majority 
of the legal voters of the district have not expressed a desire therefor. — Hurd v. 
Walters. 48 Ind. 148. 

2. Tbustee's power and duty. The Trustee is made responsible for the 
care, management, and preservation of the school houses in his school corporation. 
This trust he can not alienate. It is true that it is liis duty to permit the school 
house to be used for other than school purposes when the terms of the law have 
been complied with, but it is equally true that it is contemplated by the law that 
the Trustee shall retain such control of the school house as will enable him to 
enforce the provisions of the law. Inasmuch as the Trustee must give equal rights 
and privileges to all religious denominations and political parties, it is clear that 
he can not make a contract with any i)arty by reason of which one denomination 
or one political party shall obtain possession of the house to the exclusion of any 
other, except for the time being, or hj which the control of the house shall pass 
from his hands. 

It is not necessary that the voters of a district petition the Trustee on each 
separate occasion that the house is desired for other than school purposes, but if a 
general petition be filed with the Trustee, in proper form, requesting, for example, 
that the house be used for religious purposes, he may then permit the house to be 
so used as occasions may require. In the absence of an expressed desire on the 
part of the voters of a district, it is held that the Trustee may, through the spirit of 
accommodation, ratlier than by a strict construction of the law, permit school 
houses to be used for religious and other public meetings when he is satisfied that a 
majority of the district do not object. 

In all cases when school houses are used for such purposes, it is the duty of the 
Trustee to prescribe and enforce such rules and regulations as will protect the prop- 
erty from injury. It is evident that the provisions of this section apply only to 
districts in townships, and not to cities and incorporated towns. — Smart, Supt. 

[1S65, p. 3. Approved and in force March 6, 1865.] 

4511. School house, when sold. The proper Trustee 
may, whenever a school house shall have been removed to a different 
location, or a new one erected for the school in a different place, if the 
land whereon the same is situated belongs unconditionally to the town- 
ship, town or city, sell the same, when, in his opinion, it is advantageous 
to the township, town or city so to do, for the highest price that can be 
obtained therefor ; and upon the payment of the purchase-money to the 
township, town or city Treasurer, he shall execute to the purchaser a 
deed of conveyance, which shall be sufficient to vest in such purchaser 
all the title of such township, town or city thereto. The money derived 
from such sale shall be a part of the special school revenue. (149) 



SCHOOL LAW OF INDIANA. 139 

1. Conveyances. A deed to the school township for the use of the township 
for school purposes, is an absolute and not a conditional conveyance; and the 
township may sell the property so deeded. The deed of the township should be 
made in the name of the Trustee of the school township, and signed by him as such 
School Trustee. School Boards of cities and towns may sell and convey a school 
lot upon the conditions named in this section. — 'i 4437, 4438, 4508, note 4. 

[1877, p. 125. Approved and in force March 6, 1877.] 

4512. School house for several townships. The 

Trustees of two or more adjacent counties or townships may establish a 
new school district, and build a school house therein at the joint expense 
of their several townships, whenever, in their judgment, it shall appear 
necessary for the better accommodation of the people of their respective 
townships : Provided, That such necessity must be set forth in a peti- 
tion of the persons making the request — such petition to be presented 
to each of said Trustees. And said Trustees shall, at the time agreed 
upon by them, not less than ten days nor more than thirty days from 
the time of receiving such petition, hold a joint meeting, for the pur- 
pose of declaring whether such petition shall be granted, and take such 
further action as the case may require. (1) 

1. Ad-justment of revenue. It would seem from the language of the 
statute that when a joint district school is established, parents and guardians living 
in the vicinity would have the right to elect to send their children to it, even tliough 
it be out of their own township. Such a choice would generally necessitate several 
transfers, but transfers can not be made except at the time of taking the enumera- 
tion (^ 4473, 4474). The proper way to settle the difhculty would be for the 
Trustees of the several townships to pay to the Trustee of the one in which the 
house is located the revenue then on hand and afterward received for the benefit of 
the children sent to the school from their several townships, till the next enumera- 
tion. The matter will thereafter adjust itself. — Smart, Supt. 

See ? 4446, notes 1, 2, 3. 

4513. Cost of erecting". Each township shall bear part of 
the expense of establishing such joint district school as the number of 
children of school age residing in each township, and attaching them- 
selves to said new district at the time of the formation, bears to the- 
whole number of children of school age who are attached to said district 
at its formation ; and each township shall assume its share of the debt 
so incurred. But when said school shall be established, it shall be sup- 
ported by the township in which it is established, in the manner already 
prescribed by law. (2 id.) 

1. Title, joint. The deed for the property should be in the name of all the 
corporations interested, but after the building is completed and paid for the part- 
nership ceases, and the school house passes under the control of the Trustee of the 
township within whose limits the house is situatecj. — Smart, Supt. 



140 SCHOOL LAW OF INDIANA. 



[1877, p. 12(i. Approved and in force- Marcih 7, 1877.] 

4514. Donation and bequests. Whenever any person 
shall give or bequeath unto Trustees any sum of money exceeding five 
thousand dollars, for the purpose of erecting a public school building or 
seminary in any unincorporated town in this State, and upon the express 
or implied condition contained in said bequest that an amount equal 
thereto shall be raised by the citizens of said town or township for a like 
purpose, the Township Trustee of said township in which said town is 
situated shall, upon the petition of a majority of the legal voters of 
said township, be authorized to prepare, issue, and sell the bonds of 
said township, to secure a loan not exceeding fifteen thousand dollars, 
in anticipation of the revenue for special school purposes, for the pur- 
pose of complying with the condition annexed to such gift or devise — 
said bonds to bear a rate of interest not exceeding seven per cent, per 
annum, payable at such time, within seven years from date, as such 
Trustee may determine : Provided, That until all the bonds of any one 
issue shall have been redeemed, such Township Trustee shall not be 
authorized to make another issue, nor shall any such bonds be sold at 
a less rate than ninety-five cents on the dolllar. (!) 

1. The County Board has no power to appropriate money out of the general 
fund of the county, to build a school house. — Rothrock r. Carr, 55 Ind. .334. 

4515. Majority of voters. The whole number of votes 
cast for candidates for Congress at the last preceding congressional 
election in the township shall be deemed to be the whole number of 
legal voters of such township, a majority of whose names shall be signed 
to the petition presented to such Township Trustee ; to which petition 
shall be attached the affidavit or affidavits, as such Trustee may deem 
necessary, of a competent and credible person or persons that the signa- 
ture of all the names to said petition are genuine, and that the persons 
whose names are thereto signed are, as he believes, legal- voters of such 
township. (2) 

4516. Sale of bonds. The Township Trustee shall record 
such petition, -together with the names attached, in the record-book of 
his township, and carefully file away and preserve said petition, and 
shall enter in such record a statement of the time when such petition 
was filed ; and if said Trustee shall then be satisfied that said petition 
contains the names of a majority of the legal voters of said township, 
he shall then prepare, issue, and sell bonds to the amount petitioned for 
in such petition, as provided in section one of this t^,ct (§ 4514), and 



SCHOOL LAW OF INDIANA. 141 

shall accurately keep a record of all proceedings in and about the issue 
and sale of such bonds, to whom, and for what amount sold, the rate of 
interest they bear, and the time when they become due. (3) 

[1881, p. 592. Approved and in force April 16, 1881.] 

4517. Site for school house— Eminent domain. 

Whenev^er, in the opinion of Trustees of school corporations or of the 
Township Trustee of any Township in this State, it shall be considered 
necessary to purchase any real estate on which to build a school house, 
or for any other purpose connected therewith, such Township Trustee or 
School Trustees, or a majority of them, may file a petition in the Circuit 
Court of said county, asking for the appointment of appraisers to ap- 
praise and assess the value of said real estate. (1) 

[1881, p. 592. Approved and in force April 16, 1881.] 

1. . Locations. The question as to where school houses shall be located, and 
where land shall be acquired for that purpose, is left to the sound discretion of the 
Trustee ; and upon an application by the Trustee to the Circuit Court to acquire land 
for a school house, questions respecting the location selected are not triable. The 
method of trying such questions is by appeal to the County Sujjerintendent, as pro- 
vided by H537.— Braden v. IVIcNutt, 1 14 Ind. 214. 

2. School township builds. The school township, and not the civil town- 
ship, must build the school house; and a note given by the civil township for the 
cost of constructing a school house is void. — Wingate i. Harrison School Township, 
59 Ind. 520. 

3. Disagreement among Tkustees. In cities and towns the School Trustees 
determine where and when a school house is necessary and convenient, and a con- 
tract by the Trustees for the building of such school house is binding, although one 
of the Trustees i^rotested against it. — Crist v. Brownsville Township, Ind. 461. 

4. Fraud. An action may l)e' maintained to enjoin the construction of a 
school house, on the ground of fraud on the part of the Township Trustee, in the 
making of the contract, in the name of th-j State for *lie use of the civil township . 
and the remedy provided for an appeal to the County Superintendent^ is not in 
such a case exclusive, and does not prevent the bringing of the action. — State v. 
Earhart, 27 Ind. 119. 

5. County Board of Commissioners. A County Board of Commissioners 
can not make an allowance to build a school house. — Eothrock v. Can-, 55 Ind. 334. 

4518. Appraisers. Upon said petition being filed (the owner 
or owners of said real estate having had ten days' notice of the pendency 
thereof), the court shall appoint three freeholders, resident in said school 
corporation or said township where said real estate is situate, to appraise 
and assess the value thereof (2) 

4519. ApJDraisement— Payment. Said appiai-^er?, be- 
fore making said assessment and appraisement, shall take an oath before 



142 SCHOOL LAW OP INDIANA. 

the Clerk of said court to make "a fair, true, and honest appraisement 
of said real estate ; and shall then proceed to examine said real estate, 
hear such evidence as they may consider necessary, and make report of 
their appraisement within five days after their appointment. Upon 
said report being filed, the owner or owners of said real estate may ex- 
cept to the same for any cause, and a trial thereon may be had in said 
court. When the value of said real estate is finally determined in said 
court, the Township Trustees or School Trustees may pay to the Clerk 
of said court, for the use of the owner of said real estate, the amount 
so determined, and, upon payment thereof, the title to said real estate 
vest in said school corporation for said purposes. ( 3 ) 



ARTICLE VIII— TEACHERS' INSTITUTES. 

[1889, p. 67. Approved and in force March 2, 1889.J 

4520. Township Institutes. At least one Saturday in 
each month during which the public schools may be in progress shall "be 
devoted to Township Institutes, or model schools for the improvement 
of teachers; and two Saturdays maybe appropriated, at the discretion 
of the Township Trustee of any township. Such Institute shall be pre- 
sided over by a teacher or other person designated by the Trustee of the 
township. The Township Trustee shall specify, in a written contract 
with each teacher, that such teacher shall attend the full session of each 
Institute contemplated herein, or forfeit one day's wages for every day's 
absence therefrom, unless such absence shall be occasioned by sickness 
or such other reason as may be approved by the Township Trustee, and 
for each day's attendance at such Institute, each teacher shall receive 
the same wages as for one day's teaching: Provided, That no teacher 
shall receive such wages unless he or she shall attend the full session of 
such Institute and perform the duty or duties assigned. 

1. Trustee must notify teachers. Where a school teacher has no notice 
when an Institute in his township will be held, and he has not been negligent in 
ascertaining the date thereof, he is not liable to a forfeiture of wages. It is not the 
duty of the teacher to go to the School Trustee and ascertain the time of holding 
the monthly Institute ; but it is the duty of the Tmstee to designate the day on 
which the same will be held, and notify the teachers of such fact. The teacher 
has a right to rely upon the Trustee doing his duty, and should not suffer through 
the non-performance of such duty. — Saldtvin, Atty-Gcn. 

2. Teachers must take part. The object of this Institute is the improve- 
ment of the teachers of the township. It seems to me that all the powers necessary 
to carry out this object are br common law conferred upon the persons managing 



SCHOOL LAW OF INDIANA. 148 

the Institute. The object of the Institute will utterly fail, unless the teachers at- 
tending take part in the exercises. I think, therefore, the contract which the 
Trustee makes with the teachers, in relation to Township Institutes, necessarily 
requires the teachers to perform such reasonable exercises and duties as may be 
assigned to them. Indeed, the statute provides that the Trustee may designate one 
of the teachers to preside over the Township Institute. I am of the opinion that 
the mere presence of a teacher at a Township Institute does not fill the require- 
ments of the law. — Smart, Supt. 

I think that mere presence at the Institute is not a full compliance with the 
spirit of the law. The law contemplates active participation in the exercises of the 
Institute — Bloss, Supt. 

3. Attendance compulsoky. It is the duty of a Townsliip Trustee to con- 
tract with all teachers employed by him to attend Township^ Institutes. It is his 
duty to provide for holding such Institutes, and to see that they are held. A mandate 
of court may be obtained to compel the Trustee to perform both these duties. I 
think that, even though the Trustee had failed to make a written contract with the 
teachers, he could require them to attend the Institutes. — ITolcombe, Supt. 

[18&3, p. 3. Approved and in force March 6, 1865.] 

4521. County Institutes. In order to the encouragement 
of Teachers' Institutes, the County Auditors of the several counties of 
this State shall, whenever the County Superintendent of such county 
shall file with said Auditor his official statement, showing that there has 
been held, for five days, a Teachers' Institute in said county, with an 
average attendance of twenty-five teachers, or of persons preparing 
to become such, draw his warrant on the (bounty Treasvirer, in 
favor of said County Superientendent, for thirty-five dollars ; and in case 
there should be an average attendance of forty teachers, or persons pre- 
paring to become such, then the said County Auditor shall draw his 
warrant on the Treasurer for fifty dollars, for the purpose of defraying 
the expenses of said Institute : Provided, however, That but one of said 
payments be made in the same year. (159) 

1. Superintendent's duty and pay. Such an institute as is contemplated 
by the law is not a voluntary association, but a teachers' meeting, at the head of 
which is the County Superintendent. He, therefore, has no right to surrender it 
into the hands of an incompetent director, nor to permit a course of procedure by 
any one, or by the Institute itself, by which time shall be wasted or unsatisfactory 
work done. The teachers are there to be instructed, and the Superintendent must 
necessarily take the responsibility of the Institute upon himself. The money which 
the Auditor is authorized to pay is to defray the expenses of the Institute exclusive 
of the per diem of the Superintendent, whose compensation must be obtained in the 
usual way. He is also entitled to his per diem for reasonable services in making 
preparations for the Institute. — Smart, Supt. 

4522. Schools closed. When any such institute is in 
session, the common schools of the county in which said institute shall 
be held shall be closed. (160) 



l44 SCHOOL LAW OF INDIANA. 

4523. Sessions. The several County Superintendents are 
hereby required, as a part of their duty, to liold, or cause to be held, 
such Teachers' Institutes at least once in each year in their respective 
counties. (161) 



ARTICLE IX— FREE LIBRARIES. 

[1883, p. 103. Approved March 5, 1883, and in force June 5, 1883.] 

4524. In cities and towns. In all the cities and incor- 
j)orated towns in this State the Board of School Trustees, Board of 
School Commissioners, or whatever Board may be established by JaAV to 
take charge of the public or common schools of such city or incorporated 
town, shall have power, if in their discretion they deem it to the public 
interest, to establish a free public library in connection with the com- 
mon schools of such city or incorporated town, and to make such rules 
and regulations for the care, protection and government of such library, 
and for the care of the books provided therefor, and for the taking from 
and returning to said library of such books, as the said Board may deem 
necessary and proper, and to provide penalties for the violation thereof: 
Provided, That in any city or incorporated town where there is already 
established a library open to all the peojDle, no tax shall be levied for 
the purpose herein named. (1) 

1. Amendment. As enacted in 1881, the benefits of this law were confined 
to cities of ten thousand inhabitants, but the amendment of this section, in force 
June 5, 1883, extended them to all cities and incorporated towns. 

[1885. p. 120. Approved and in force April 2, 18a5.1 

4524 a. Libraries in certain cities. Wherever the 

Board of Directors of a library heretofore situate within the limits of 
any incorporated town may have filed the agreement and request with 
the Board of Trustees of said town, provided for in an act entitled 
"An act supplementary to an act entitled an act to establish public 
libraries," approved February 16, 1852, approved March 8, 1883, and 
the Board of Trustees of such town may have levied a tax for the sup- 
port of such library in pursuance of such request and agreement and in 
accordance with said act, and such town may after Avar d have become incor- 
porated as a city, the Common Council of such city shall have all the 
powers to levy tax, and do all other things granted by said act above 
named to Trustees of towns, and all the provisions of said act applicable 



SCHOOL LAW OF INDIAlSrA. 145 

to such library-, and its relations to tlis towu before its iucorporatiou as 
a city shall, after such incorporation, be applicable to such library, and 
its relations to such city. (1) 

[1881, p. 47. Approved and in force March 7, 1881.] 

4525. Tax to maintain. Such board shall also have power 
to levy a tax of not exceeding one-third of a mill on each dollar of tax- 
able property assessed for taxation in such city in each year ; which tax 
shall be placed on the tax duplicate of such city, and collected in the 
same manner as other taxes; and, when said taxes are collected, they 
shall be paid over to the said board for the support and maintenance of 
said public library. Such board shall have power, and it shall be its 
duty to disburse said fund, and all revenues derived from gift or devise, 
in providing and fitting up suitable rooms for such library ; in the pur- 
chase, care and binding of books therefor ; and in the payment of 
salaries to a librarian and necessary assistants. (2) 

4526. Real estate. Any such city in which a free public 
library may be established in accordance with the terms of this act may 
acquire by purchase, or take and hold by gift, grant, or devise, any real 
estate necessary for, or which may be donated or devised for, the benefit 
of such library ; and all revenues arising therefrom, and the proceeds of 
the same, if sold, shall be devoted to the use of said library, (3) 

[1885, p. 160. Approved and in force April 8, 1885.1 

4526 a. Real estate for libraries. In any case in 

which the Board of School Trustees of any city of this State have pur- 
chased any real estate for the use of a public library of said city, under 
Sections 4524, 4525 and 4526 of the Revised Statutes of 1881, and the 
revenue derived from taxation under said sections may have been or 
shall be insufficient to pay for such real estate, then said Trustees be 
and they are hereby authorized to pay for the same out of any money 
in the treasury of such school city belonging to the special school fund 
thereof. (1) 

[18a5, p. 3. Approved and in force March 6, 18&5.] 

4527. Purchase of books for township libra- 
ries. The Superintendent of Public Instruction shall superintend the 
purchase of books for township libraries, under such regulations as the 
State Board of Education may adopt, and report to said board his pro- 
ceedings in relation thereto ; and said board shall order the issuing of 
the warrants by the Auditor of State for the payment of said purchase 
from said library revenue. (134) 

10— ScH. Law. 



146 SCHOOL LAW OF INDIANA. 

1. Kkmakk. The library feature is believed to be one of the best, if not the 
very best, of the provisions in the school law. We hope the library system may 
prove so satisfactory, and become so useful and popular, that the people will in- 
struct, by common consent, the next Legislature to continue the annual appropri- 
ation for library purposes. — Larrabee, Supt. 

2. Section's inoperative. It is to be regretted that the hopes of Superin- 
tendent Larrabee were not fulfilled. The repeal, by an act of March 9, 1867, of 
section 131 of the act of March 6, 1865, which provided for a State tax of one- 
tenth of a mill for the purchase of libraries, renders this and the followrng section 
obsolete. 

[191, p. 37. Approved and in force February 2fi, 1891.] 

4527 a. School and library tax in cities of 30,- 

OOO. In all cities of the State of Indiana where Boards of School 
Commissioners have been elected and are managing the school affairs 
of said city under an act of the General Assembly of the State of 
Indiana entitled ' ' An act jDroviding for a general system of common 
schools in all cities of thirty thousand or more inhabitants, and for the 
election of a Board of School Commissioners for such cities, and defin- 
ing their duties and prescribing their powers, and providing for common 
school libraries within such cities, approved March 3, 1871, and the 
various acts of the General Assembly amendatory thereof, and supple- 
mental thereto, and in which the office of City Treasurer has been, or, 
hereafter may be abolished under and by virtue of an act of the Gen- 
eral Assembly of the State of Indiana entitled, ' An act concerning tax- 
ation for city and school purposes in cities containing a population of 
over seventy thousand, as shown by the last census of the United States ; 
to abolish the offices of City Assessor and City Treasurer in such cities, 
and provide for the discharge of the duties of such offices, and repeal- 
ing laws in conflict therewith, approved February 21, 1885,' " such 
Boards of School Commissioners be and they are hereby authorized and 
empowered in the manner and form in which they are now by law 
authorized to levy taxes, levy taxes for the support of the schools within 
such city including such taxes as may be required for paying teachers 
in addition to the taxes now authorized to be levied by the General As- 
sembly of the State of Indiana not to exceed however, in any one year, 
the sum of twenty-five cents on the one hundred dollars of the taxable 
property as shown by the certificate showing the assessment and valu- 
ation for taxation of all taxable real and personal and railroad property 
of such city, required to be delivered to said Board of School Com- 
missioners by section 8 of the said act of the General Assembly of the 
State of Indiana, approved February 21, 1885, and also to levy a tax 
each year not exceeding four cents on each one hundred dollars of the 
taxable property in said city as shown by said certificate for the. support 



SCHOOL LAW 01'' INDIANA. 147 

of free public libraries in connection with the common schools of said 
city and to disburse any and all revenues raised by such tax levied for 
library purposes in the purchase of books and in the fitting up of suit- 
able rooms for such libraries, salaries to librarians and other expenses 
necessarily incident to the maintenance of such library ; also to make 
and enforce such regulations as they may deem necessary for the taking 
out and returning to and for the proper care of all books belonging to such 
libraries, and to prescribe penalties for the violation of such regulations. 

(1) 

4527 b. County Treasurer reports to Board of 

School Cornmissioners. In all cities in the State of Indiana, 
where Boards of School Commissioners have been elected and are man- 
aging the school affairs of said city under and by virtue of said act of 
the General Assembly of the State of Indiana, approved March 3, 1871, 
and in which the office of City Treasurer has been, or may hereafter be 
abolished under and by virtue of said act of the General Assembly of 
the State of Indiana, approved February 21, 1885, as mentioned and 
described in the first section of this act, it shall be the duty of the 
County Treasurer on and after making liis settlement with the County 
Auditor on the third Monday of April, 1891, and the payment to the Board 
of School Commissioners of the amount by such settlement found to he 
due to it, as required by section 13 of the last above named act, at the 
close of each calendar month to make report duly verified by his oath, 
to said Board of School Commissioners of all taxes and delinquent 
taxes collected within said month, and thereafter, upon demand of the 
Treasurer of said Board of School Commissioners to pay to him for the 
use of said Board of School Commissionei-s the full amount of said 
taxes and delinquent taxes shown by said report to have been col- 
lected. Upon such payment being made, the Treasurer of the Board 
of School (Commissioners shall execute to said County Treasurer his re- 
ceipt for the amount of money so paid, whicli receipt the latter shall 
deliver to the Siscretary of the Board of School Commissioners, Avho 
shall give him a qidetm therefor, and credit said County Treasurer with 
the amount thereof and charge such amount to the Treasurer of said 
Board of School Commissioners. (2) 

4527 c. County Treasurer's credits. Said County 

Treasurer shall thereafter in his settlement with the County Auditor, 
made as required by law, on the third Monday of April, and the first 
Monday of November in each year, present such quietuses to the County 
Auditor who shall give such County Treasurer credit therefor as against 



148 SCHOOL LAW OE INDIANA. 

the sums with which he is chargeable upon account of the collection of 
such school taxes. (3) 

Note. This act has a general repealing section. The act repeals the act of 
1889, p. 432, on the same subject. 

[1801, p 'Vi. Approved and in force February 26, 1891.] 

4527 d. Bonds for library buildings. In all cities in 

the State of Indiana where Boards of School Commissioners have been 
elected and are ioanaging the school aifairs of said city under an act of 
the General Assembly of the State of Indiana entitled " An act provid- 
ing for a general system of common schools in all cities of thirty thou- 
sand or more inliabitants, and for the election of a Board of School 
Commissioners for sucli cities, and defining their duties and prescribing 
their powers and providing for common school libraries within such 
cities," approved March 3, 1871, and the various acts of the General 
Assembly amendatory thereof and' supplemental thereto such Board of 
School Commissioners be and they are hereby authorized and empowered 
to issue bonds iu any sum uot exceeding one hundred thousand dollars, 
for the purpose of ereetiug buildings for library and school offices to be 
used in connection with the common schools of said city. Such bonds 
to bear interest, uot exceediug five per cent, per annum payable after 
eleven years from the date thereof and within twenty years from the 
date thereof, as follows, to-wit : One-tenth thereof to be paid eleven 
years from date and one-tenth thereof to be paid each succeeding year 
until all are paid ; the money obtained from the sale of such bonds shall 
be disbursed by said Board of School Commissioners in the erection of 
a building for the library and school offices to be used in connection 
with the common schools of said city. Such bonds shall be designated 
" Library Buildiug Bonds," and maybe issued in such denominations, 
and iu such sums from time to time as the Board of School Commission- 
ers may deem expedient ; and each of said bonds shall upon its face 
designate the date of the maturity thereof: Provided, That at no time 
shall the amount of bonds so issued for such purpose by any such Board 
exceed the sum of one hundred thousand dollars ; and that said Board 
of School Commissioners shall have no power to issue any renewal 
thereof but the same shall be paid at maturity as hereinafter provided : 
And provided further, That such bonds shall not be sold for less than 
their par value. (1) 

4527 e. Payment of bonds. If the Board of School 
Commissioners in any city shall exercise the powers granted to it by 
this act, it shall provide for the payment of said bonds as follows ; at 



SCHOOL LAW OF INDIANA. 149 

the time of the levying of the taxes for the year which shall be collect- 
ible immediately before the maturity of the first maturing of said 
bonds. Said Board of School Commissioners shall levy in addition to 
the levy of taxes they may be authorized to make for other purposes a 
tax upon all property subject to taxation by it sufficient to pay the first 
maturing of such bonds, and apply the money raised thereby to the 
payment thereof; and each year thereafier said Board of School Com- 
missioners shall levy such tax, and apply the proceeds thereof to the 
payment of the bonds successively maturing until all shall have been 
paid. (2) 

NdTK. This act has a general repealing section. 

4528. Distribution to townships. The State Board 
of Education shall, when such libraries have been received, cause the 
same to be distributed to the several townships in the State, under the 
direction of the State Superintendent, who shall apportion the same 
according to the school population of the townships : Provided, hoivcver, 
That existing inequalities in township libraries shall first be corrected, 
and that an equal allotment be made to each of the State prisons as is 
distributed to townships. (135) 

4529. Township Trustee in charge. Such library 

shall be in charge of the Township Trustee, shall be deemed the prop- 
erty of the township, and shall not be subject to sale or alienation from 
any cause whatever. (136) 

4530. Trustee's duties. Such Trustee shall be account- 
able for the preservation of said library ; may prescribe the time of 
taking and the period of retaining books ; assess and recover damages 
done to them by any person ; and adopt regulations necessary for their 
preservation and usefulness. He shall provide book-cases ; also, blank 
books, ruled, in which to keep an account of books taken out and re- 
turned ; and report the number each year to the County Superintend- 
ent. At the commencement of each school term, at each school house 
in the township, he shall cause a notice to be posted up, stating where 
the library is kept, and inviting the free use of the books thereof by 
the persons of the township. (137) 

4531. Use of books. Every family in the township shall 
be entitled to the use of two volumes at a time from said library, whether 
any member of such family shall a,ttend school or not. (138) 



150 SCHOOL L.r,v oi' ixdia:sa. 

4532. Where kept. The Trustee may deposit the library 
at some central or eligible place in the township, for the convenience of 
scholars and families, and may appoint, for that purpose, a librarian to 
have the care and superintendence thereof. (139) 

1. Pay of libkarian. When the Tov/uship Trustee employs a Township 
Librarian, he has authority to make a contract to pay him so much per year. The 
power to appoint a librarian gives the Trustee the power to secure the acceptance 
of such appointment by paying a sufficient, but reasonable, compensation. There 
is no statute hxing a fee for such work, but the same is to be paid for out of the 
township's general fund for ordinary township j^urposes. — Baldwin, Atty-Gen. 

4533. When open. The library shall be open to a,ll persons 
entitled to its privileges throughout the year, without regard to school 
sessions, Sundays and holidays excepted. (140) 

[1885, p. 9. Approved and in force February 18, 1885.] 

4533 a. Tax levy for library. Any township in which 
there has been, or may hereafter be established by private donations, a 
library of the value of one thousand dollars oi^ more for the use and 
benefit of all the inhabitants thereof, the Township Trustee of such 
township shall annually levy and collect not more than one cent on the 
hundred dollars upon the taxable property within the limits of suck 
township, which shall l)e paid to the Trustees of such library, and be 
applied by them to the purchase of books for said library, and may, 
with the consent of the Board of Commissioners of the county, when it 
shall become necessary to erect or enlarge a library building, annually 
for such period as may be necessary, levy and collect not more than five 
cents on the one hundred dollars upon the taxable property of said 
township, for not more than three years successively, Vidiich shall lie ex- 
pended by the Trustees in the erection or enlargement of a library 
building. (1) 



ARTICLE X— GENERAL PROVISIONS. 

[18G5, p. 3. Approved and in force March 6, 18G5.] 

4534. Suits, how brought. Suits brought on behalf of 
the schools of any township, town or city, shall be brought in the name 
of the State of Indiana, for the use of. such township, town or city. 
(145) 

] . Note. An action brought in the name of the State for the use of a city 
"as a distinct municipnl corporation for school purposes" is lightly brought. — : 
Hadley v. State, 66 Ind. 271. 



SCHOOL LAW OF INJDIANA. 151 

2. Bringing an action in iavor of the township witliout designating ii as a 
school township vail be construed as bringing it in favor of the civil township, and 
not in favor of the school township. — Utica Township v. Miller, 62 Ind. 230 ; Jarvis 
V. Shelby Township, 62 Ind. 257. 

4535. Costs. Any person who shall sue for or on account of 
any decision, act, refusal or neglect of duty of the Township Trustee, 
for which he might have had an appeal, according to the provisions of 
the preceding section, shall not recover costs. (146j 

1. Note. The ''preceding section" here referred to evidently means ^4537. 
The costs are the costs made in the court. 

4536. Process, how executed. Process in such suits 
against a school township, town or city, shall be by summons, executed 
by leaving a copy thereof with the Trustee [or School Trustees] of such 
township, town or city, ten days before the return-day thereof; and in 
case of an appeal, similar notice of the time of hearing thereof shall be 
given. (144) 

1. Note. Service of summons by reading to a Trustee is insufficient and 
iable to be set aside, but a judgment by default upon such service would be valid, 
because it is sufficient notice to sustain a Judgment. 

4537. Appeals from Township Trustees. Appeals 

shall be allowed from decisions of the [Township] Trustees relative to 
school matters to the County Superintendents, who shall receive and 
promptly determine the same according to the rules which govern 
appeals from Justices of the Peace to Circuit Courts, so far as such 
rules are applicable ; and their decisions of all local questions relating 
to the legality of school meetings, establishment of schools, and the 
location, building, repair, or removal of school houses, or transfers of 
persons for school purposes, and resignation and dismissal of teachers, 
shall be final. (164) 

1. Procedure in appeals — Notice to parties. When a Trustee has de- 
cided to do an act subject to appeal to the County Superintendent, and has made 
a record of his decision, he should give the people interested such information as 
they may call for in order to afford them an opportunity to avail themselves of 
their privilege to appeal, if they desire to do so. 

Time for appeal— Brmrl An appeal must be taken within thirty days. That is 
the rule as to an appeal from the judgment of a .Justice of the Peace. But any 
appeal may be granted by the officer to whom it is taken, after the expiration of 
the thirty days, when the party asking it has been hindered from taking it by cir- 
cumstances not under his control. No hond is necessary in an appeal from a 
Trustee to the County Superintendent. 

Bfcorch — Transcript. Wlien a Trustee receives a written notice from an ag- 
grieved party of an appeal from his decision, he should immediately make a record 



152 School law of indianA. 

oi the same. He should make a certified transcript of his record, which should be 
a complete statement of the proceeding before him, and should file the same, with 
all papers in the case, with the County Superintendent, within twenty days. 

County Superintendent's powers and duties. "When the County Superintendent 
receives the documents from the Trustee, if the case is such that he can determine 
the matter upon inspection of the documents, he should render judgment, make 
proper records, and notify Trustee ana appellant of his action. If it be necessary 
to permit the appellant to appear and present his case by testimony and argument, 
the Superintendent should set a day for the trial, not earlier than ten days from 
the date of notice of appeal, unless all parties signify their readiness to appear 
earlier; should notify Trustee and appellant of the day set, and should issue sum- 
mons to witnesses at the request of either party. While the Superintendent has no 
power to compel witnesses to attend a trial and testify, it is as much the duty of 
persons so summonsed to obey as it would be if the Superintendent had the right to 
issue a writ of attachment. In case the location of a school house is involved, the 
Superintendent may view the premises, and seek such evidence as he may deem 
advisable, and may incorporate the information thus gained into the record as part 
of the evidence of the case. When a Trustee improperly refuses to allow an appeal 
the County Superintendent may investigate and render judgment. — Smart, Supt. 

2. Location op houses. The County Superintendent has no power, on ap- 
peal, to require a school house to be erected on land not belonging to the township. 
Otherwise his decision is final, but only as to the particular case before him. The 
Trustee may at once relocate at a different place. — Koontz v. State, 44 Ind. 323 ; 
State V. Mewhinney, 67 id. 397. After the location has been fixed by the County 
Superintendent on appeal, the Township Trustee may change it, subject to appeal. 
But if there be no subsequent change after the County Superintendent has deter- 
mined upon the location, the Trustee may be compelled, by mandate, to execute 
the order. — Trager v. State, 21 Ind. 317. See also § 4444, note 9 ; § 4499, note 4. 

4. Jurisdiction of courts. Nothing in this act shall be so construed as to 
change or abridge the jurisdiction of any court in cases arising under the school 
laws of the State, and the right of any person to bring suit in any court, in any 
case arising under the school laws shall not be abridged by the provisions of this 
act — § 4429. No appeal to the Superintendent can be taken from the action of a 
Trustee in making a contract with any one, either for building a school house or 
like contracts, nor in regard to any criminal or fraudulent act of a Trustee, nor 
upon the mere breach of a contaact, nor upon the dismissal of a teacher in a city 
or town. This is a question for the courts.— Crawfordsville v. Hays, 42 Ind. 206. 

A suit to set aside a contract for the building of a school house, and to enjoin 
the doing of the work, on the ground of fraud on the part of the Township Trustee 
in making the contract, is properly brought in the name of the State for the use of 
the township; for the remedy provided by an appeal to the County Examiner is 
not exclusive in such cases, the matter involved not being " a 4ocal question relat- 
ing to the building of school houses."— State v. Earhart, 27 Ind. 119. But the rem- 
edy of appeal to the Superintendent is exclusive when "relative to school matters," 
and for the purpose of preventing vexatious and expensive litigation it is provided 
that his decision shall be final in regard to certain enumerated subjects. — Fogle v. 
Gregg, 26 Ind. 345. Eegulations adopted by persons in charge of a school are 
analogous to by-laws enacted by municipal and other corporations, and both will 
be annulled by the courts when found to be unauthorized, against common right, 
or palpably unreasonable. — State v. White, 82 Ind. 278. 



SCHOOL LAW OF INDIANA. 153 

Upon any question arising out of the dismissal of a teacher, if the teacher has 
suflFered any damages, he may bring a suit against the township to recover whatever 
loss he has sustained. The court can only examine whether just cause existed for 
his dismissal, in order to see if he is entitled to damage for a wrongful dismissal, 
but can not reinstate him as a teacher, for as to that the Superintendent's decision 
is final. But on all those questions relating to the government and control of 
schools and school buildings, and school regulations, such as the establishment of 
schools, and the location, building, repair or removal of school house, or transfer of 
persons for school purposes, or even the attachment of a person to a certain school, 
and resignation of teachers, his decision is final, and no action can be maintained 
in the courts touching the same. This must necessarily be so, for courts can not 
undertake the superiutendency of school matters. Upon a question of fraud in 
holding a school meeting, it is difiicult to see how any question can arise so that 
courts can exercise any jurisdiction over it; it is believed there is none. — Baldwin, 
Atty- Gen. 

4. Keferences. See I 4446, note 1 ; g 4499, notes 4, 5, 6 ; § 4506. 

4538= Appeals from County Superintendent- 
Appeals shall be allowed from the decisions of County Superintendents 
to the Superintendent of Public Instruction, on all matters not other- 
wise provided for in the next preceding section ,; and the rules that gov- 
ern appeals from Justices of the Peace to the Circuit Courts, as to the 
time of taking an appeal, giving bonds, etc., shall be applicable in 
appeals from County Superintendents to the Superintendent of Public 
Instruction. (165) 

1. Pkeceduke. The same rules in regard to the I/.l.j alowed for taking an 
appeal and for making transcript, etc., apply in case -I :, -.-Is to the State Super- 
intendent as to the County Saperintendent. [See^iiv _ i Jut an appeal bond 
seems to be necessary in case of an appeal to the State ; ; . rintc uleni. A bond for 
$25 would probably be sufficient. The County Sujk .cidt:;. biiould make a 
transcript of the record, and send it^ together with al' ;.p8rs iji the case, to the 
State Superintendent, with his certificate indorsed Li.er^:^ ■.. He must specifically 
certify to the facts, for exemple, that A B applied for a certificate on a certain day, 
that upon examination a license was refused on certain groinds, that the inclosed 
papers are those made by the applicant, upon which he v, .xs rejected. A copy of 
the questions used and the appeal bond should also be ser In case a refusal to 
license is based upon the County Superintendent's persouai mowiedge, he should 
make a statement of the facts, verified by affidavit, :;. d for ard it, together with 
corroborative testimony, and the testimony given in ,V(i . ihe accused. If an 
appeal is taken in due form, the State Superintendent luay .vcjuire the County Su- 
perintendent to forward the papers to him. and upon refusal may visit the county 
and make an examination into the facts of the case, and re- .Lr a decision that will 
be binding on all parties interested. — Smart, Svpt. 

2. Trial by State Superintendent. The appeal if- ed by the Superin- 
tendent of Public Instruction upon the papers sent up. Afio f-cnal affidavits m.ay 
be filed with him and witnesses examined. Parties may appe.i uAore liim, and a 
complete trial be had, the same as before the County SuperinLo;icl.a„. An applicant 



l54 SCHOOL LAW OF INDIANA. 

for a license, who desires to appeal, should be allowed thirty days from the time, 
the County Superintendent's decision is rendered, not from the time of examination. 
If the license is denied because of immorality, the County Superintendent should 
specify in what particular the immorality consists, and this is the only question 
that can be tried on appeal. On appeal the Superintendent of Public Instruction 
can not grant a license; he can only order the County Superintendent to grant one. 
Should the latter refuse to grant it, a mandamus, at the instance of the teacher, 
would lie to compel him to obey the direction of the State Superintendent. If an 
appeal is taken and the County Superintendent refuses to send up the papers, a 
mandamus will lie to compel him to send them. Or the Superintendent of Public 
Instruction can visit the county and try the case there. Merely writing a letter to 
the Superintendent of Public Instruction, by the party desiring to appeal, and 
stating that he appeals from the decision of the County Superintendent, does not 
constitute an appeal. The initiatory steps must be taken in the matter with the 
County Superintendent. — Bloss, Supt. 

4-539. Oaths. School officers are hereby authorized aad em- 
powered to administer all oaths relative to school busiiiese appertaining 
to their respective offices. (166) 

Note. But school officers can not administer oaths upon any other than school 
matters, and it is held that Directors can not administer them at all. County Su- 
perintendents and Trustees jnay administer oaths to Trustees and teachers reporting 
to them, and to witnesses in trials before them. 

[1881 S., p. 718. Approved April 14, 1881, and in force September 19, 1881.] 

4540. Women eligible to school offices. Any 

woman, married or single, of the age of twenty-one years and upwards, 
and possessing the qualifications prescribed for men, shall be eligible to 
any office under the general or special school laws of this State. (1) 

1. Constitutionality doubtful. The passage of this law implies that, in 
the judgement of the Legislature, women are not eligible to such offices. I think 
that is the correct idea. Indeed there is serious doubt whether the statute itself is 
constitutional. If a County Superintendent of schools is a county officer, a female, 
elected as prescribed by ? 4424, will find herself confronted by our State Constitu- 
tion (Pv. S. 1881, ? 154), which reads: "No person shall be elected or appointed 
as a county officer who shall not be an elector of the county." The constitutional 
amendment of March 14, 1881, says, in substance: "In all elections not otherwise 
provided for by this constitution, every male citizen of the age of twenty-one, who 
shall have resided in this State six months, etc., etc., shall be entitled to vote in the 
township where he may reside." (E. S. 1881, § 84.) Thus it would seem that no one 
except a male is entitled to hold a county office. My attention is called to the 
appointment of a lady notary public; but a notary is not a county officer.— 5aW- 
win, Atty-Oen. 

2. School Trustee— Director. Attorney-General Baldwin expressed se- 
rious doubts of the constitutionality of the act authorizing the election of women 
to school offices, and held that they were ineligible to the County Superintendency 
on the ground that county officers are required to be electors. This reasoning does 



SCHOOL LAW OF INDIANA. ' 155 

not apply to the office of School Trustee oi r. u^y ol- lown, and until -the act is de- 
cided by the courts to be unconstitutional, there is uu ground on which to question 
the eligibility of women to that office. Women who are voters at school meetings 
are eligible to the office of Director. (4498, note 1.) They can not be Township 
School Trustees, since that office is held ex officio by the civil Trustees. — Holcombe, 
Supt. 

4-541. Bond binding". Any woman elected or appointed 
to any office under tHe provisions of this act, before she enters upon the 
discharge of tke duties of the office, shall qualify and give bond as re- 
quired by law, and such bond shall be binding upon her and her securi- 
ties. (2) 



STATE NORMAL SCHOOL. 

[1865 S., p. 140. Approved and in force December 20, 1865.] 

4542. Establislned. There shall be established and main- 
tained, as hereinafter provided, a State Normal School, the object of 
which shall be the preparation of teachers for teaching in the common 
schools of Indiana. (1) 

4543. Trustees— Corporate name, in order to the 

establishment and maintenance of such a school, the Governor shall ap- 
point, subject to the approval of the Senate, four compfetent persons, 
who shall, in themselves and in their successors, constitute a perpetual 
body corporate, with power to sue and be sued, and to hold in trust all 
funds and property which may be provided for said Normal School, and 
who shall be known and designated as the "Board of Trustees of the 
Indiana State Normal School." The Superintendent of Public Instruc- 
tion shall be, ex officio, a member of this board. (2) 

4544. Term of office— Vacancies. Two members of 

this board shall retire, as may be determined, by lot or otherwise, in 
two years after their appointment, and the remaining two in four years ; 
whereupon the Governor, subject to the approval of the Senate, shall 
appoint, as aforesaid, their successors for a period of four years. All 
vacancies occurring in said board from death or resignation shall be 
filled by appointments made by the Governor. (3) 

4545. Organization — Officers. Said Board of Trustees 
shall meet on the second Tuesday in January, 1866, at the office of the 
Superintendent of Public Instruction, and shall organize, by electing 
one of its number president and one secretary, each for a term of two 



156 SCHOOL LAW OF INDIANA. 

years ; aud, at tiiis or at a subsequent meeting, it shall elect some suit- 
able person, outside of its number, as treasurer, who shall, before enter- 
ing on duty, give bond in such sum as it may prescribe. (4) 

454-6. Donations. Said board shall, at its first meeting, 
open books to receive, from ditferent parts of the State, proposals for 
donations of grounds and buildings, or funds for the procuring of 
grounds and erection of buildings, for said Normal School. Also, it 
may, if deemed needful, at this or a subsequent meeting, appoint one 
of its number, or other competent person, to visit different parts of the 
State and explain the nature and object of said Normal School, and to 
receive proposals of donations of buildings and grounds, or of funds for 
the same. (5) 

4"54"7. Location. Said board shall locate said school at such 
place as shall obligate itself for the largest donation : Provided, first, 
That said donation shall not be less in cash value than fifty thousand 
dollars ; second, That such place shall possess reasonable facilities for the 
success of said school. (6) 

J. An act of 1867 (p. 177) appropriated fifty thousand dollars out of the 
common school library fund and State treasury in aid of the erection of the build- 
ings with a condition precedent that no part thereof should be paid until the city 
of Terre Haute has vested in the Board of Trustees of the Normal School the title 
to the land donated by her as a site for the school, by a good and sufficient deed in 
fee-simple, and had also bound herself, by an agreement filed with the Auditor of 
State, to forever maintain one-half of the necessary repairs incident to keeping the 
buildings and grounds in proper order. 

4548. Contract for building". Said board shall, immedi- 
ately after the selection of place of location, proceed to let a contract 
or contracts for the erection of a building to the lowest responsible bid- 
der : Provided, That no member of the board be a contractor for building 
or for furnishing any material therefor. (7) 

4549. Model school. Said board shall organize, in con- 
nection with the Normal School, in the same building with the Normal 
School or in a separate building, as it shall decide, a Model School, 
wherein such pupils of the Normal School as shall be of sufficient ad- 
vancement shall be trained in the practice of organizing, teaching and 
managing schools. (8) 

4550. Duty of Trustees. Said board shall prescribe the 
course of study for the Normal School ; shall elect the instructors and 



SCHOOL LAM'- OF INDIANA. 167 

fix their salaries ; and shall determine the couditious, subject to limita- 
tions hereinafter specified, on which pupils shall be admitted to the 
privileges of the school. (9) 

4551. Conditions of admission. The following condi- 
tions shall be requisite to admission to the privileges of instruction in 
the Normal School : 

First. Sixteen years of age, if females, and eighteen, if males. 

Second. Good health. 

Third. Satisfactory evidence of undoubted moral character. 

Fmirth. A written pledge on the part of the applicant, filed with 
the principal, that said applicant will, so far as may be practicable, 
teach in the common schools of Indiana a period equal to twice the 
time spent as a pupil in the Normal School ; together with such other 
conditions as the board may, from time to time, impose. (10) 

4552. Tuition free. Tuition in the Normal School shall be 
free to all residents of Indiana who fulfill the four conditions set forth in 
the preceding section and such other conditions as the board may re- 
quire. (11) 

4553. Principle of management. A high standard of 

Christian morality shall be observed in the management of the school, 
and, as far as practicable, inculcated in the minds of the pupils ; yet no 
religious sectarian tenets shall be taught. (12) 

4554. Report. ■ Said Board of Trustees shall, bienially, make 
a report to the Legislature, setting forth the financial and scholastic 
condition of the school ; also making such suggestions as, in their judg- 
ment, will tend to the improvement of the same ; and in the years in 
which there is no session of the Legislature, it shall make a report of 
the scholastic condition of the school to the Governor, on or before the 
first Monday in January. (13) 

[18Y3, p. 199. Approvefl and in force March 5, 1873.] 

4555. Board of visitors. The State Board of Education 
shall appoint, annually, in the month of June, or at its first meeting 
thereafter, a committee of three, who shall constitute a board of visitors, 
and shall, in a body or by one of its number, visit said school once dur- 
ing each term, and witness the exercises and otherwise inspect the con- 
dition of the school ; and, by the close of the Normal school year, they 
shall make a report to the Board of Trustees. The members of said 



158 SCHOOL T-AW OF mr>IANA. 

board of visitors sliall be allowed five dollars for eacli day's service ren- 
dered, and also traveling expenses, to be paid out of the State treasury. 

(14) 

[1891, p. 311. Approved and in force M.ireh (3, 1891.1 

4556. Tuition revenue. The Superintendent of Public 
Instruction shall, in his next apportionment of school revenue for the 
State, deduct fifteeen thousand dollars ; and semi-annually thereafter he 
shall deduct the same amount ; which shall be set apart and be known 
as the Normal School fund. These moneys shall be paid out only on 
the warrant of the Auditor, drawn on the order of the Board of Trust- 
ees of said Normal School. (15) . 

[1873, p. 199. Approved and in force March 5, 1873.] 

4557. Certificates— Diplomas. The Board of Trustees 
is authorized to grant, from time to time, certificates of proficiency to 
such teachers as shall have completed any of the prescribed courses of 
study, and whose moral character and disciplinary relations to the school 
shall be satisfactor3^ At the expiration of two years after graduation, 
satisfactory evidence of professional ability to instruct and manage a 
school having been received, they shall be entitled to diplomas appro- 
priate to such professional degrees as the Trustees shall confer upon 
them ; which diplomas shall be considered sufficient evidence of qualifi- 
cation to teach in any of the schools of this State. (2) 

4558. Annua! appropriation. There shall be appro- 
priated out of the State treasury, from funds not otherwise appropri- 
ated, three thousand two hundred and six dollars and eighty-three cents, 
to liquidate the indebtedness of the Normal School ; also an amount, 
annually, not exceeding two thousand dollars in any one year, for warm- 
ing, lighting, janitor's fees, repairs, and for actual expenses of said 
institution. (3) 

[1865 S..P.140. Approved and in force December 20, 1865.1 

4559. Pay of Trustees. The members of the Board of 
Trustees shall each be allowed five dollars for each day's service ren- 
dered, also traveling expenses, to be paid out of the State treasury. 
(16) 

4560. Pay of treasurer and agent. Said board shall 

pay its treasurer, and its agent, if such be appointed, as provided for in 
this act, such sums for their services as shall be reasonable and just. 

(17) 



SCHOOL \jAW <»K INDIANA. 159 



INDIANA UNIVERSITY 



[1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 

4561. ReCOgTlized. The institution established by an act 
entitled "An Act to establish a college in the State of Indiana," ap- 
proved January 28, 1828, is hereby recognized as the University of the 
State. (1) 

The State University is not a public corporation, but a private, or at least a 
quasi public one, and its endowment fund is not embraced by the phrase, " public 
funds," as used in the interest law of 1879. State v. Carr, 111 Ind. 335. 

[1883, p. 82. Approved and in force March 3, 1883.] 

4661a. Tax for endowment fund. There shall be 

assessed and collected, as State revenues are assessed and collected, in 
the year of eighteen hundred and eighty-three, and in each of the next 
succeeding twelve years, the sum of one-half of one cent on each one 
hundred dollars worth of taxable property in this State, which money, 
wdien collected and paid into the State treasury in each of the years 
named in this act, shall be placed to the credit of a fund to be known 
as the permanent endowment fund of the Indiana University. (1) 

4661 b. Application of fund. Whenever, after the first 
day of May, eighteen hundred and eighty-four, there shall have been 
paid into the State treasury a sum of said permanent endowment fund 
sufficient to pay off any of the interest-bearing indebtedness of the 
State, it shall be the duty of the Treasurer of State to pay off and can- 
cel such indebtedness, and it shall be the duty of said Treasurer of State 
to continue to pay off and cancel said interest-bearing indebtedness 
which may be due, or which, by the terms of the contract creating such 
indebtedness, may be paid off, whenever there is a sufficient sum of said 
permanent endowment fund in the State treasury to pay off the same 
out of said permanent endowment fund. (2) 

4661 C. Bond of State. It shall be the duty of the Treas- 
urer of State, immediately after paying off any of the interest-bearing 
indebtedness of the State, as provided for in section two of this act, to 
make and issue to the trustees of said university and to their successors 
in office a non-negotiable bond of the State in an amount equal to the 
sum drawn from said permanent endowment fund and used in such pay- 
ment. Said non-negotiable bond shall be signed by the Governor and 
Treasurer of State, and attested by the Secretary of State and the seal 
of the State, and be made payable in fifty years after date, at the option 
of the State, and said bond shall -bear five per cent, interest from date 



160 SCHOOL LAW OF INDIANA. 

until paid, which interest shall be paid semi-annually on the first days 
of May and November of each year, and the same shall be applied to 
the current and extraordinary expenses of said university and be paid 
to the trustees thereof under the same rules r.nd regulations as is now 
required by law in the payment of the revenues of said university. 
The non-negotiable bonds provided for in this act, when executed, shall 
remain in the custody of the Treasurer of State. (3) 

4661 d. Loans by State Auditor. That so much of 

said permanent endowment fund as shall not at any time be absorbed 
by the non-negotiable bonds of the State, as contemplated in this act, 
shall be loaned by the Auditor of State at six per centum interest, pay- 
able annually in advance, in real estate security ; and in making loans 
and disbursing interest collected the Treasurer of State and the Auditor 
of State shall be governed by the law now in force regulating the man- 
ner of making loans of the university funds and paying out interest 
collected, except as otherwise provided in this act. (4) 

4661 e. Mortgages taken by State Auditor. It 

shall be the duty of the Auditor of State to make a complete record of 
every mortgage and note executed on account of any loan from said 
permanent endowment fund, in a book to be kept in his office for that 
purpose ; and on payment of any loan to said fund, said Auditor shall 
enter a record of satisfaction in full on the margin of the record of the 
mortgage in his office, and sign the same with his name ; and he shall 
also, in like manner, enter satisfaction in full on the face of the mort- 
gage ; which mortgage, when presented by the mortgagor, or any person 
holding title under him, to the recorder of the county wherein the land 
mortgaged is situated, shall authorize the recorder of said county to 
copy such entry on the record in his office. (5) 

4661 f. State may borrow fund. If at any time here- 
after the State shall need the loan of any part, or of all, of said perma- 
nent endowment fund, the State shall be a preferred borrower of so 
much of said fund as shall not be loaned at the time. But it shall be 
the duty of the Treasurer of State to cause to be executed, as an evi- 
dence of any such loan, a non-negotiable bond of the State for the amount 
so borrowed, in like manner as is provided in section three of this act : 
Provided, If at any time hereafter the said Indiana University shall be 
consolidated with any other educational institution or institutions of the 
State, or shall be removed from its present location for any cause what- 
ever, the fund raised under the provisions of this act shall be held and 



SCHOOL LAW OF INDIANA. 161 

used for the benefit of such institution, as consolidated or changed, not- 
withstanding such change or consolidation whenever so removed or con- 
solidated : Provided, fuHher, That after said date, no further appropri- 
ation shall be made to said university. (6) 

[1856, p. 201. Approved and in force March 3, 1855.] 

4562. Trustees — Corporate name — Officers — 

Powers." The board of trustees of the State University shall be 
eight iu number, of whom not more than one shall reside in the same 
county, excepting the county of Monroe, from which two may be se- 
lected. They and their successors shall be a body politic, with the style 
of "The Trustees of Indiana University;" in that name to sue and be 
sued ; to elect one of their number president ; to elect a treasurer, sec- 
retaiy, and such other officers as they may deem necessary , to prescribe 
the duties and fix the compensation of such oflicers ; to jjossess all the 
real and personal property of such University for its benefit ; to take 
and hold, in their corporate name, any real or personal property for the 
benefit of such institution ; to expend the income of the University for 
its benefit ; to declare vacant the seat of any trustee who shall absent 
hiiiiself from two successive meetings of the board, or be guilty of any 
gross immorality or breach of the by-laws of the institution ; to elect :i 
president, such professors, and other officers for such University as shall 
be necessary, and prescribe their duties and salaries ; to prescribe the 
course of study and discipline and price of tuition in such University ; 
and to make all by-laws necessary to carry into efiect the powers hereby 
conferred. (2) 

4563. The first Trustees. The following persons and 
their successors shall constitute said board : Joseph S. Jenckes, of Vigo 
County; Joel B. McFarland, of Tippecanoe County; George Evans, of 
Henry County; William M. French, of Clark County ; Ransom W. 
Aiken, of Monroe County ; Johnson McCollough, of Monroe County ; 
James R. M. Bryant, of Warren County; John I. Morrison, of Wash- 
ington County ; three of whom shall serve for two years, two for three 
years and three for four years. (2) 

4564. The first meeting. The first meeting of said board 
shall be at the town of Bloomington on Monday, the second day of 
April, 1855, when they shall determine by lot their several terms of 
service. (3) 

11— ScH. Law, 



162 SCHOOL LAW OF INDIANA. 

4565. Vacancies. Vacancies in said board, whether occa- 
sioned by death, resignation, removal from the State, expiration of 
terms of service, or otherwise, shall be filled by the State Board of 
Education. (4) 

4566. Pay of Trustees. The Trustees of said University 
shall receive, when employed in the actual service of the University, 
the same pay as members of the General Assembly. (5) 

[1891, p. 65. Approved ;iu(l in force March 3, 1891.] 

4566 a. Trustees of Indiana University. The 

Trustees of Iiuliaua University shall hereafter be elected for such terms 
of service, and in such manner as is herein provided, and the terras of 
service of the Trustees now in office, and of those hereafter elected, 
shall expire on the first day of July of the year in which such terms are 
to end. (1) 

4566 b. Trustees' terms expiring 1891, succes- 
sors. Successors to three Trustees whose terms of service expire in 
the year eighteen hundred and ninety-one (1891) shall be elected by the 
Alumni of the University at the College Commencement of the year 
1891 ; one of the Trustees so elected shall serve for one year, one for 
two years, and one for three years. At the first meeting of the Board 
of Trustees after July 1, 1891, the several terms of service of siicdi 
three Trustees shall be determined by lot. At the annual commence- 
ment of the year in which their terms expire successors to such three 
Trustees shall be elected by the Alumni of the University, each to serve 
for three years. When vacancies in the Board of Trustees arise from 
the death, resignation, removal from the State, expiration of term of 
service, or otherwise, of any of the three trustees to be elected in 
1891, or any of their successors, such vacancies shall be filled by the 
Alumni. (2) 

4566 c. Trustees' terms expiring 1893, succes- 
sors. Successors to the two Trustees whose terms of service expire in 
1893 shall be elected by the State Board of Education, and one of sucli 
two successors shall be elected for a term of two years, and the other 
for a term of three years. Successoi's to the three Trustees whose terms 
expire in 1894 shall be elected by the State Board of Education, one 
for a term of two years, and the other two Trustees for terms of three 
years. Successor's to the five Trustees herein provided to be elected by 
the State Board of Education shall be elected by said State Board of 
Education, each Trustee so elected to serve for three years : Provided, 
That Trustees elected by the Alumni or the State Board of Education, 



SCHOOL ]. AW OF INDIANA. 168 

to fill vacancies caused otiierwitic tliau by expiratiou of termti ofEervice, 
shall be elected for such unexpired terms only. When vacancies in the 
Board of Trustees arise from the death, resignation, removal from the 
State, expiratiou of term of service, or otherwise, of any of the five 
Trustees or their successors, herein provided to be elected by the State 
Board of Education, such vacancies shall be filled by said State Boui'd 
of Education. (3) 

4566 d. Registry of Alumni. A registry of the name 
and address of each alumnus of Indiana University residing in the State 
of Indiana shall be kept by the Librarian of said University, who shall 
correct such addresses when notified by the Alumni so to do. The 
Alumni of the University shall be those persons who have been awarded 
and on whom have been conferred any of the following degrees : Bach- 
elor of Arts (A. B.), Bachelor of Letters (B. L."), Bachelor of Science 
(B. S.\ Bachelor of Philosophy (B. Ph.), Bachelor of Laws (L. L. B.), 
Master of Arts {A. M.), Master of Science (M. S.), Doctor ol Philoso- 
phy (Ph. J).). (4) 

4566 e. Nomination of Trustees. Any ten or more 

Alumni may file with the Librarian of the University on or before the 
first day of April in each year a written nomination for the Trustee or 
Trustees to be elected by the Alumni at the next college commence- 
ment. Forthwith after such first day of April a list of all such candi- 
dates shall be mailed by said Librarian to each alumnus at liis address. 
03) 

4566 f. Annual meeting of Alumni. The annual 

meeting of the Alumni for the election of Trustees shall be held at the 
University on the Tuesday before the annual commencement day of said 
University, at the hour of nine o'clock A. M., at which meeting a Trus- 
tee shall be elected to serve for three years from the first day of July of 
such year, and any Trustee or Trustees which the Alumni may be en- 
titled to elect to complete any unexpired term or terms. (6) 

4566 g. Method of voting by Alumni. Each Alum- 
nus resident in the State of Indiana may send to said Librarian, over 
his signature, at any time before the meeting of the Alumni for the 
election of such Trustee or Trustees, the vote for such Trustee or Trus- 
tees which he would be entitled to cast if personally present at such 
meeting, which vote such Librarian shall deliver to such meeting to be 
opened and counted at said election, together with the votes of those 
who are personally present ; but no person shall have more than one 
vote. The person or persons having the highest number of votes upon 



164 SCHOOL LAW OF TNDtANA. 

the fiiist ballot shall be declared the Trustee or Trustees according as 
there may be one or more than one Trustee to be elected : Provided, 
The votes received by said person, or by each of said persons, or at 
least fifty per cent, of all the votes cast. Otherwise, the Alumni per- 
sonally present at such meeting shall, from the two having the highest 
pluralities, elect a Trustee, unless their pluralities shall aggregate less 
than fifty per cent, of the votes cast, in which case there shall be in- 
cluded in the number of those to be voted for, so many of those coming 
after such two highest in order of pluralities as will bring the aggregate 
of such pluralities of those to be voted for to fifty per cent, of the votes 
cast. (7) 

4566 h. Repealing" section. All laws and parts of laws 
in conflict with this act are hereby repealed. (8) 

II R. S. 1852, p. 504. Aijprovetl June IT, 1852, and in force May 6, 1853.] 

4567. Annual meeting". Said Trustees shall annually 
meet at the town of Bloomington at least three days preceding the an- 
nual commencement of the University. (3) 

4568. Quorum— Temporary appointnnents. Five 

of such Trustees shall constitute a quorum ; and, in case an emergency 
IS declared by the faculty, after there shall have been a called session at 
which the other members failed to attend, the Trustees residing in the 
county of Monroe may fill vacancies in the faculty of the University 
and the Board of Trustees ; and, in case there should not be three 
Trustees in attendance upon such emergency, then those that are in at- 
tendance, together with such members of the facult)'' as may be in at- 
tendance, shall fill such vacancies ; but appointments thus made shall 
expire at the next meeting of the board. (4) 

4569. Seminary township. The Trustees of said Uni- 
versity shall receive the proceeds of the sales and rents of the three re- 
served sections in the seminary township in Monroe County, and the 
same shall be paid to the treasurer of said Trustees, on their order. (5) 

4570. Interest on loans. The interest arising from loans 
of the State University fund, as received at the State treasury, shall be 
paid on the warrants of the Auditor of State ; such warrants to be 
granted on allowances made to the persons entitled thereto by the Board 
of Trustees, and duly certified by their secretary. (6) 



SCHOOL LAW OF INDIANA. IGo 

4571. Faculty — Powers. The president, professors aucl 
instructors shall be styled "The Faculty" of said University, and 
shall have power — 

First. To enforce the regulations adopted by the Trustees for the 
government of the students ; to which end they may reward and cen- 
sure, and may suspend those who continue refractory, until a determi- 
nation of the Board of Trustees can be had thereon. 

Second. To confer, with the consent of the Trustees, such literary 
degrees as are usually conferred in other universities, and, in testimony 
thereof, to give suitable diplomas, under the seal of the University and 
signature of the faculty. (7) 

4572. No religious qualification. No religious quali- 
fication shall be required for any student, trustee, president, professor 
or other officer of such University, or as a condition for admission to 
any privilege in the same. (8) 

4573. No sectarian tenets. No sectarian tenets shall 
be inculcated by any professor at such University. (9) 

4574. County students. The Trustees shall provide for 
the tuition, free of charge, of two students from each county in this 
State, to be selected by the Board of County Commissioners. (10) 

Each county may send two students, free of tuition fees, to be instructed in the 
Law Department, as well as any other department. McDonald %\ Hagins, 7 Blackl. 
525. 

4575. Notice to counties. The secretary of the Board 
shall notify the County Auditor of each county of the State whenever 
there shall not be in attendance at the University the number of stu- 
dents which such county is entitled to send free of tuition ; of which 
such Auditor shall notify the Board of Commissioners of such county at 
its next meeting, fll) 

4576. Treasurer's bond. The treasurer of the Univer- 
sity shall give bond in a penalty, and with surety to be approved by 
such Board, payable to the State, conditioned for the faithful discharge 
of his duties ; which bond shall be filed with the Auditor of State. (12) 

4'b77. Board of visitors. The Governor, Lieutenant-Gov- 
ernor, Speaker of the House of Representatives, Judges of the Supreme 
Court, and Superintendent of Common Schools [State Superintendent 
of Public Instruction], shall constitute a board of visitors of the Uni- 
versity, and any three thereof a quorum. (13) 



166 SCHOOL LAW OF INDIAN V. 

4578. Visitors not attending, to be reported. 

In case the meniberB of such Board of Visitors fail to attend the annual 
commendement exercises of the University, the president of the Board 
of Trustees shall report such of them as are absent to the next General 
Assembly, in its annual report. (14) 

4579. Duties of visitors. Such Board of Visitors shall ex- 
amine the property, the course of study and discipline, and the state of 
the finances of the University, and recommend such amendments as it 
may deem proper, the books and accounts of the institution being open 
to its inspection ; and it shall make report of its examination to the 
Governor, to be by him laid before the next General Assembly. (15) 

4580. Duties of Secretary. The secretary of the Board 
of Trustees snail keep a true record of all the proceedings of said Board, 
and certify copies thereof. He shall also keejo an account of the stu- 
dents in the University according to their classes, stating their respect- 
ive ages and places of residence, and a list of all graduates. (16) 

4581. Duties of Treasurer. The treasurer of said Uni- 
versity shall — 

First. Keep true accounts of all money received into the treasury 
of said University, and of the expenditure thereof. 

Second. Pay out the same on the order of the board of trustees, cer- 
tified by its secretary. 

Third. Collect the tuition fees due the same. 

Fomih. Make serai-annual settlements with the board of trustees. 

Fifth. Submit a full statement of the finances of the University, 
and his receipts and payments, at each meeting of the board of trus- 
tees. 

Sixth. Submit his books and papei's to the inspection of the trustees 
and visitors. (17) 

4582. Report to State Superintendent. The board 

of trustees, its secretary and treasurer, shall report to the Superintend- 
ent of Common Schools [State Superintendent of Public Instruction], 
all matters relating to the University, when by him required. (18) 

4583. Lectures by faculty. One member of the faculty, 
to be designated by a majority thereof, of which the secretary of the 
board shall be informed, shall, by himself or competent substitute, de- 
liver a public lecture on the principles and organization of the Univer- 
sity, its educational facilities ( being careful not to disparage the claims 
of other institutions of learning in the State), in at least fifteen difter- 
ent counties of the State, of which he shall give due notice ; and in a 



SCHOOL LAW OF INDIANA. 167 

vacation of less duratiou than one month, a member of the faculty, to 
be designated as aforesaid, shall, deliver such lecture in at least three 
different counties ; a brief statement of which lectures shall, by the per- 
sons delivering them, be reported to the board of trustees annually, to 
be by them incorporated in the annual report to the General Assembly ; 
but no two such lectures shall be delivered in the same county until all 
the counties of the State have been lectured in. (19) 

4584. Geological examinations and specimens. 

Such lecturers shall make such. geological examinations and collect such 
mineralogical specimens as they may be able to make and procure ; a 
report whereof they shall make to the board of trustees, to be by it in- 
corporated in its annual report to the General Assembly ; and such spec- 
imens, together with those they may procure by voluntary donations, 
they shall deposit in a suitable room in the University buildings, to be 
fitted up for that purpose. (20) 

4585. Printing annual report. The Governor of the 

State shall order the printing, annually, of five thousand copies of the 
annual report of tlio boiud of trustees, twenty-five hundred of which 
shall be for the use of the members of the General Assembly and twen- 
ty-five hundred for the faculty. (21) 

This report and the catalogues are printed by the State Commissioners of Pub- 
lic Printing. Acts 1885, p. 217, Sec. 9. 

4586. Contents of report. Such report shall contain 
what is now included in the annual catalogue, with such other matters 
as may be deemed useful to the cause of education, connected with the 
University. (22) 

4587. Notice of sessions. The board of trustees, through 
its president, shall give at least one month's notice of the commencement 
of each session of the University, in at least one newspaper in the cities 
of Indianapolis, Louisville, in the State of Kentucky, and in New 
Orleans, in the State of Louisiana. (23) 

4588. Building^S and repairs. The board of trustees shall 
annually appoint a committee of its body to examine the University 
buildings and grounds adjacent,, who shall report the liind and cost of 
repairs, if any are needed ; and one of the members of the faculty shall 
be appointed to take care of such buildings and grounds. (24) 

4589. Normal department. Such trustees shall estab- 
lish a normal department for instruction in the theory and practice of 
teaching, free of charge to such young persons, male and female, resi- 
dents of the State, as may desire to qualify themselves as teachers of 



168 SCHOOL LAAV OV INDIANA. * 

common schools, witbiu the State, under such regulations as such board 
of trustees may make in regard to admitting to, kind, and time of de- 
livery of lectures in such department, and the granting of diplomas 
therein ; and such regulations shall be incorporated in the annual report 
of the trustees to the General Assembly. (25) 

4590. Agricultural department. Such trustees shall 

also establish an agricultural department in such University, under 
proper regulations, which shall likewise be set forth in their annual 
report. (26) 

[1857. p. 130. Approved March 7, 1857, and in force August 24, 1857.] 

4591. Scholarships transferable. All scholarships in 

the State University, issued for or founded upon subscription moneys 
paid by individuals toward the construction of the University buildings, 
or any of them, or the right to use said scholarships for any session or 
sessions of the college year in said institution, may be transferred or sold 
by the holders thereof for a valuable consideration. (1) 

[1861 8., p. 89. Approved and in force May 31, 1861.J 

4592. Perpetual scholarships. The contingent fee on 
perpetual scholarships, issued by the trustees of the State University, 
shall not be more than one dollar per session : Provided, That the trus- 
tees are hereby authorized to purchase said scholarships whenever, in 
their opinion, it is for the best interests of the University, at not more 
than ninety cents to the dollar, by giving notice in some newspaper pub- 
lished in the town of Bloomington, that they are ready to purchase said 
scholarships ; and, after the date of such notice, no person shall be en- 
titled to any benefits under the provisions of said scholarships, except to 
sell the same, as is provided in this Act. (1) 

[1801 S., p. 88. Approved May 11, 1861, and in force September 7, 1861.] 

4593. Library. The State Librarian is directed to transfer 
fj'om the State Library to the Library of the Indiana University a com. 
plete set of Journals of both Houses of the Legislature, a copy of all 
laws enacted since the organization of the State, and of all reports from 
the several departments of State, and of those received from other States 
and from the general government, together with all other books and 
documents of which there are duplicates now in the State Library or 
i^hall be hereafter received : Provided, That such books and documents 
can be spared without injury to the State Library, and that such trans- 
fer be ma<le without expense to the State. (2) 



SCiiOOL LAW OF INDIANA. 169 

4594. State Geologist. The State Geologist, while he 
holds his oflSce, shall be regarded as a member of" the faculty of the Uni- 
versity ; and he is hereby directed, in his reconnoisances, to collect du- 
plicate specimens of mineralogy and geology, and to deposit one set of 
the same in the cabinet of the State University. (3) 

[1 R. S. 1852, p. 504, Approved June 17, 1852, and in force May fi, 1853.] 

4595. Fund, how derived— Loans. The University 

fund shall consist of the lands in Monroe and Gibson counties, and the 
proceeds of sales thereof, and all donations for the use of such Univei- 
sity, where the same is expressly mentioned in the grant, or where in 
such grant the term "University" only is used; the principal of which 
fund, when paid into the State treasury, shall be loaned, and the annual 
interest thereon applied to the current expenses of the University, upon 
warrants di'awn on the Treasurer of State by the Auditor of State, on 
the requisition of the Board of Trustees, signed by the President and 
attested by the Secretaiy thereof. (28) 

4596. Auditor of State to loan— Duty. It shall be 

the duty of the Auditor of State to loan out such fund upon real estate 
security. He shall duly inform himself of the value of all real estate 
offered in pledge, and shall be judge of the validity of the title thereof; 
and any person applying for a loan shall produce to said Auditor the title- 
papers to such real estate, showing title in fee-simple, without incum- 
brance, and not derived through any executor's or administrator's sale, 
or sale on execution. (29) 

4597. Form of mortgage. The mortgage to be taken 
may be in the following form, in substance : (30) 

I, A. B., of the county of , in the State of Indiana, do assign and transfer 

to the State of Indiana all [here describe the land], ivhich I declare to be moi'tcjaged 

for the payment of dollars, xoith interest at the rate of seven -per cent, per annum, 

payable in advance, according to the conditions of the note hereunto annexed. . 

4598. Form of note. The note accompanying the same 
may be, in substance, as follows: ( 31) 

/, ^4. B., promise to pay to the State of Indiana, on or before the day of , 

the sum. of , vith interest thereon at the rate of seven per cent, per annum, in 

advance, commencing on the dx.iy of , 18 — , and do agree that, in case of 

failure to pay any installment of said interest, the said principal shall become due and^ 
collectible, together with all arrears of interest; and on any such failure to jxty prineipcd 
or interest when due, jive Tpercentum damages on the ivhole sum due shall be collected with 
costs, and the premises mortgaged may be forthwith sold by the Auditor of Public Ac- 
counts [Auditor of State], for the payment of such principal sum, interest, dannages, 
and costs. 



170 SCHOOL LAW OF INDIANA. 

4599. Loans — Security, i^o greater sum than live hun- 
dried dollars shall be loaned to any one |)erson out of such fund, uur 
shall the loan be for a longer period than five years ; and the sum loaned 
shall not exceed one-half of the appraised value of the premises to be 
mortgaged, clear of all perishable improvements. The Auditor may 
reduce the amount to be loaned on any such valuation, when, for any 
cause, he may have reason to believe the same was not in proportion to 
the prices of similar property selling in the viciuit}", such valuation to 
be made from the valuation of the same property in the assessment of 
the State revenue. (32) 

4600. Interest. The rate of interest required shall be seven 
per cent, in advance, payable annually. On failure to pay any install- 
ment of interest when due, the principal shall forthwith become due ; 
and the note and mortgage may be collected. (33) 

This section was not repealed by the general interest law of 1879, fixing the 
rate at eight per cent. — State i'. Carr, 111 Ind. 335. 

4601. Priority of mortgagre. Such mortgages shall be 
considered as of record from the date thereof; and shall have priority 
of all mortgages or conveyances not previously recorded, and of all 
other liens not previously incurred, in the county where the land lies. 

(34) 

4602. Recording of mortgage.' It shall be the duty 

of the Auditor to have such mortgages recorded with due diligence, the 
expense whereof shall be borne by the mortgagor, and may be retained 
out of the money borrowed. (35) 

4603. Certificate as to liens. The person appljang for 

a loan shall file with the Auditor the certificate of the Clerk and Re- 
corder of the county in which the land lies, showing that there is no 
conveyance of or incumbrance on said land in either of their oflRces. 
(36) 

4604. Abstract of title. Such person shall also, before he 
receives the money to be loaned, make oath to the truth of an abstract 
of the title to his said land, and that there is no incumbrance, or better 
claim, as he believes, upon said land. (37) 

4605. Auditor's duty. On making any loan of such fund, 
the Auditor shall draw his warrant on the Treasurer in favor of the 
borrower ; and the Treasurer shall pay the same, and charge it to the 
proper fund. (38) 



SCHOOL LAW OF INDIANA. 171 

4'606. Payment. All loans refunded, and all interest, shall 
be paid into the State treasury; and the Treasurer's receipt shall be 
filed with the Auditor of State, who shall give the payer a quietus for 
the uraount thereof, and make the proper entries upon his books. (39) 

4607. Satisfaction. Whenever the amount due on any 
mortgage shall be fully paid, and the Treasurer's receipt filed therefor, 
the Auditor shall indorse on the note and mortgage that the same has 
been fully satisfied, and surrender them to the person entitled thereto ; 
and on the production of the same, with such indorsement thereon, the 
Recorder of the pi'oper county shall enter, satisfaction upon the record 
thereof. (40) 

4608. Loans, how collected. When the interest or 
principal of any such loan shall become due and remain unpaid, the 
Auditor shall proceed to collect the same by a suit on the note, or by 
sale of the mortgaged premises, or both, as to him- may seem most ad- 
visable. He may, also, by proper action, obtain possession of the 
iiiortgaged jiremises. (41) 

4609. Judgment. lu case of suit on such note, and judg- 
ment thereon, no stay of execution or appraisement of property shall 
be allowed. (42) 

4610. Notice of sale. On failure to pay any interest or 
principal, when due on any such mortgage," the Auditor shall advertise 
the mortgaged property for sale in one or more of. the newspapers 
printed in this State, for sixty days — such sale to take place at the court 
house door in Indianapolis, (43) 

A failure to give notice, or to not give it the required leQgtli of time, renders 
the sale void. — Brown v. Ogg, 85 Ind. 234. Abbreviations may be used in the de- 
scription. — Bansemer v. Mace, 18 Ind. 27. 

4611. Sale. At the time appointed for such sale, the Auditor 
and Treasurer of State shall attend ; and the Auditor shall make sale 
of so much of the mortgaged premises, to the highest bidder, for cash, 
as will pay the amount due fin- principal, interest, damages, and costs 
of advertising and selling the same ; and such sales may be in parcels, 
so that the whole amount required be realized. (44) 

1. A sale for more than is due is void. — Brown ('. Ogg, 85 Ind.^234. The Au- 
ditor may act by deputy. — Bansemer r. Mace, 18 Ind. 27. 

2. It is not necessary to offer the mortgaged tract in parcels. — Bansemer i\ 
Mace, 18 Ind. 27. 

4612. When Auditor to buy— Re-sa!e. In case no 

otie will bid the full amount due as aforesaid, the Auditor shall bid in 



172 SCHOOL LAW OF INDIANA. 

the same, on account of the proper fund ; and as soon thereafter as may 
be, he shall sell the same to the highest bidder for cash, or on a credit 
of five years, interest being payable annually in advance. (45) 

4613. Limit of bid— Overplus. The sale authorized in 
the preceding section shall not be for less than the amount chargeable 
on such land ; but if for more, the overplus shall be paid to the mort- 
gagor, his heirs or assigns. (46) 

4614. Statement of sale. The Treasurer shall attend and 
make a statement of such sales, which shall be signed by the Auditor 
and Treasurer, and, after being duly recorded in the Auditor's office, 
shall be filed in the Treasurer's ofiice ; and such record, or a copy 
thereof, authenticated by the Auditor's or Treasurer's certificate, shall 
be received as evidence of the matters therein contained. (47) 

4615. Title in State, without deed. When any laud 

is bid in by the State at such sale, no deed need be made therefor to 
the State ; but the statement of such sale, and the record thereof made, 
as in the preceding section required, shall vest the title in the State, for 
the use of the fund. (48) 

4616. Sale for cash— Certificate. In case of a sale of 

any such laud to any person for cash, on the production of the Treas- 
urer's receipt for the purchase money, the Auditor shall give to the pur 
chaser a certificate, which shall entitle him to a deed for said laud, to he 
executed by the Governor of this State and recorded in the office of 
the Secretary of State. (49) 

4617. Sale on credit. In like manner, when any tract l>id 
in by the State is sold on a credit, on the execution and delivery of a 
note and mortgage for the proper amount, as in other cases required, the 
purchaser shall be entitled to a deed for the same, to be made as pre- 
scribed in the preceding section ; and the transaction shall be entered, 
and appear upon the Auditor's and Treasurer's books as a payment of 
the sum bid, and a re-loan of the same to the purchaser, and the proper 
receipts and warrants shall pass therefor. (50) 

4618. Fees and damages. For the services of the Audi- 
tor and Treasurer in conducting such sales, they shall be entitled to re- 
ceive five per cent, damages, chargeable on such sales. (51) 

4619. Accounts— Reports. The Auditor and Treasurer 
shall keep fair and regular entries of the sums received and paid out 
on account of said fund, and shall include the same in their annual re- 
ports. (52) 



SCHOOL LAW OF INDIANA. 173 

4620. Accounts with borrowers. In addition thereto, 
the Auditor shall keep fair and regular accounts with the borrowers of 
said fund, and shall report the names of borrowers with his annual re- 
port. (53) 

4621. Interest, when loaned. Should any interest re 
main on hand, not wanted for the use of the University, the same may 
be loaned as other funds. (54) 

4622. Unsold lands. The care and disposition of the lands 
belonging to and for the use of said University, remaining unsold or 
unpaid for, shall be vested in the present commissioners of the reserved 
townships in the counties in which such lands may lie, who shall sell 
such as remain unsold, and such as are forfeited for non-payment, on 
such terms and under such regulations as the Board of Trustees of such 
University may provide ; except that, in every instance, the interest on 
the purchase-money must be paid in advance. No purchaser, his heirs 
or assigns shall have the right to cut down or destroy timber standing 
upon such land, other than for the erection of fences and buildings 
thereon, or for fire-wood t be used on the premises, and in fairly im- 
proving it for cultivation. (55) 

4621. Certificates of payment— Patent. On the first 

payment for any such land being made, the proper commissioner shall 
execute to the purchaser a certificate therefor ; and on final payment, 
the original certificate shall be surrendered to the commissioner, and by 
him filed away, and he shall give to the purchaser tAvo final certificates, 
stating the whole amount of principal and the whole amount of interest 
paid, one of which certificates shall be forwarded to the Auditor of 
State ; and on presentation of the other to the Auditor of State, if in 
all things correct, he shall countersign the same, which shall entitle the 
owner to a patent, to be issued by the Governor for the land so paid 
for. (56) 

4624. Leases. Such commissioners may, from time to time, 
lease any such unsold improved land for a term not exceeding one year, 
until the same can be sold ; and such leases shall be guarded against 
trespass and waste by proper covenants. (57) 

4625. Commissioners' report. Such commissioners 
shall make an annual report to the Board of Trustees of the lands re- 
maining unsold, such as are forfeited, such as are not fully paid for, the 
amount due, and money collected from sale, as interest or principal ; 
which report shall be subscribed and sworn to by such commissioners, 
respectively, and be incorporated in the annual report of such Boaril to 
the General Assembly, (58) 



174 SCHOOL LAW OP INDIANA. 

4626. Commissioners' duty. Money collected by such 
commissioners shall be paid over to the Treasurer of the Board, who 
shall execute to such commissiouers two receipts therefor, each specify- 
ing the persons from whom such money was collected, and the amount 
thereof, whether for interest or principal ; one of which receipts shall 
be immediately forwarded to the Auditor of State, to be by him used iu 
his settlement with such Treasurer. (59) 

4627. Pay of commissioners. Such Board shall regu- 
late the compensation of such commissioners. (60) 

4628. Patents, and recording. Patents for lands sold 

shall be made by the Governor, and recorded iu the office of the Secre- 
tary of State. (61) 

[1855, p. 201. Approved and in force March 3, 1855.] 

4629. Pay for managing fund. The Auditor of State 

and the Treasurer of State, for the management of the University 
Fund, shall be, jointly, entitled to receive five per centum upon the in- 
terest paid in on such fund ; and it shall not be lawful for them, or 
either of them, to make any other charges against the same. (7) 

4630. Extension of payments. The time for the final 
payments to be made by the holders of original certificates for the pur- 
chase of lands reserved and granted to the State University of Indiana, 
in the case of all such certificates as have heretofore been issued and are 
now outstanding, shall be extended for the further term of three years 
from the time when the same may respectively fall due. (8) 

4631. Forfeiture, how prevented. Any and all hold- 
ers of such certificates, as aforesaid, who have forfeited such lands by 
the non-payment of interest on the purchase money, shall be exempted 
and released from such forfeiture b)?" paying to the commissioners of isuch 
lands, on or before the first day of August, in the year 1855, all inter- 
est due on the same, together with the interest upon the amount due at 
the time of such forfeiture up to the time of said payment ; and upon 
such payment being made in the manner, and within the time herein 
specified, the holder of such certificate shall have the same rights under 
it as if such forfeiture had never occurred. (9) 

4632. Forfeited lands. If any portion of said lands BOW 
forfeited shall not have been redeemed on the said first day of August 
next, as provided in the preceding section, it shall be the duty of the 
commissioners of such reserved lands to sell the .same for the best price 
they can obtain, not less than the original purchase price, allowing the 



SOHOOI. LAW OF INDIANA. 175 

purchaser a credit on Uie same as now provided by law. If any of such 
lands shall hereafter be forfeited, it shall be the duty of such commis- 
sioners, if the same be not redeemed within six months from the time of 
such forfeiture, to sell the same on the terms in this section above pro- 
vided. For their services in eftecting such sales, the Commissioners shall 
be entitled to retain, out of the first money received from the purchasers, 
five per cent, upon the amount of the purchase price of such lands. (10) 

[1859, p. 2:M. Approved and in force March 2, 1859.1 

4633. Appraisement of lands. The Board of Trustees 
of the Indiana University shall cause to be appraised the land granted 
by the United States to the State of Indiana for the use of the said 
University. (1) 

4634. Where filed and recorded. It shall be the duty 

of the said Trustees, when the said appraisement shall have been made, 
to record the same upon their books, and to file a copy of the same in 
the office of the Auditor of State, to be, by said Auditor, recorded in 
his office ; and, also, to file copies of such appraisements of the lands in 
the respective counties in the office of the Auditor of the county where 
the lands are situate, to be by said County Auditor recorded. (2) 

4635. Duty of County Auditors. The Auditor of each 
of the said counties shall, upon said appraisements being filed as afore- 
said, and when required so to do by the said Board of Trustees, offer for 
sale so much of the said lands as may be within their respective counties 
at public auction, in the manner hereinafter mentioned. (3) 

4636. Notice of sale. Notice of the time, place, and con. 
ditions of such sale shall be given by publication, for four weeks suc- 
cessively in a newspaper published in such county, if any there be ; if 
not, in a newspaper in this State published nearest thereto, and also by 
posting up written or printed notices thereof in three of the most public 
places in the township in which the lands are situated, and a like notice 
at the court house door at the county seat. (4) 

4637. Sale. The place of sale for said lands shall be at the 
court house in each county of this State in which the said lands may be 
situated ; and it shall be the duty of the County Auditor to attend at 
the court house of his county at the time mentioned in the notice of the 
sale of said lands, and offer for sale at public auction, in legal subdi- 
visions, and as near as practicable in half-quarter sections, all the lands 
lying within his county; and, for that purpose, he shall continue the 
sale from day to day, until all of the said lands shall have been offered 
for sale. ("5") 



176 i^CHOOL LAW OF INDlAiNA. 

4638. Terms of sale. The tsaid laudis shall be offered for 
sale at the time and place mentioned in such publication, and struck off 
to the highest bidder by said County Auditor and County Treasurer, for 
a price not less than the appraised value thereof — one-fourth of the pur- 
chase money to be paid in hand, and the remaining three-fourths at the 
expiration of ten years from the date of such sale, with interest annually 
in advance, at the rate of seven per cent, per annum, upon the residue 
or deferred payment. (G) 

4639. Private entry. When any of said lands, offered at 
public sale as aforesaid, shall remain unsold, they shall be subject to 
private entry with the County Auditor and County Treasurer of each 
county, upon the same terms and conditions as lands sold at public auc- 
tion, for a sum not less than the appraised value thereof, by any person 
applying to enter the same. (7) 

4640. Certificate of purchase. When any sale shall 
be effected, either at public or private sale as aforesaid, the County 
Auditor shall give to the purchaser thereof a certificate, signed by him 
officially, bearing date on the day of sale, stating therein the name of the 
purchaser, the tract or tracts of land purchased by him, the number of 
acres contained in said tract or tracts, the price per acre, and the whole 
sum for which the same Avas sold, the amount of principal paid, and the 
amount of interest paid in advance. (8) 

4641. Certificate to be registered. Said certificate 

shall be registered by the County Auditor in a book provided for that 
purpose, by entering in said book a correct copy thereof. (9) 

4642. Certificate assignable. Said certificates of entry 
shall be evidence of title to the land therein mentioned in the persons in 
whose names they shall issue, or their assigns, and shall be assignable, 
provided such assignments be acknowledged before the Auditor of the 
county wherein the land is situated (who is hereby authorized to take 
such acknowledgments), and recorded by said Auditor in a book to be 
kept by him for that purpose ; for which service the said Auditor shall 
be entitled to receive a fee of fifty cents, to be paid by the assignor of 
such certificate. (10) 

4643. Forfeiture. On failure of any purchaser to pay any 
installment of interest on said deferred payment of purchase money 
Avhen the same becomes due, the contract shall become forfeited, and 
the land shall immediately revert to the State for the use of said Uni- 
versity, and the County Auditor shall forthwith proceed to sell the same 
in the manner and on the terms hereinbefore specified for said public 
sales. (11) 



SCHOOL LAW OF IXBIAxXA, 177 

4644-. Surplus. If, on such subsequent sale, such lands shall 
produce more than is sufficient to pay the sum owing therefor, with in- 
terest and costs, and five per cent damages upon the amount due on such 
lands, the surplus shall, when collected, be paid over to the purchaser so 
forfeiting or his legal representative. (12) 

4645. Forfeiture, how prevented. At any time be- 
fore such subsequent sale, payment of the sum due, with interest for the 
delay, and all costs, together with two per cent, damages upon the 
amount due on such lands, shall prevent such sale and revive the original 
contract. (13) 

4646. Land, how redeemed. The former ov.ner of any 
lands sold as delinquent, his heirs, executors, or administrators, may, at 
any time within one year after such re-sale, redeem the same, by paying 
to the purchaser, his heirs or assigns, or to the County Treasurer, for 
him or them, the amount of purchase money paid by such purchaser, 
together with all subsequent payments, either of principal or interest, 
which such purchaser, or those claiming under him, may have made 
thereon, with interest at the rate of ten per cent, per annum. (14) 

4647. Security. The Board of Trustees may require security 
from the purchaser at any of said sales, suflBcient to prevent any waste 
being committed upon the lands by the removal of timber therefrom, or 
otherwise. (15) 

4648. Suit for waste, lu case of any forfeiture as afore- 
said, the purchaser so forfeiting shall be liable, and may be sued, for un- 
necessary injury or waste done to such land, and damages to double the 
amount of such injury or waste recovered therefor — such suit to be be- 
gun and prosecuted by the Auditor of the county where the land lies, 
in the name of the State of Indiana, for the use of the said University. 
(16) 

4649. Patent, on full payment. On full payment 

being made for any such land, the County Auditor shall issue to the 
purchaser, or his assignee, a final certificate therefor ; which, upon pres- 
entation to the Auditor of State, shall entitle the owner thereof to a 
patent for the land described therein, to be issued by the Governor and 
recorded in the office of the Secretary of State. (17) 

By an Act of 1 889 the Trustees were authorized to sell certain lauds in Eing- 
gold County, Icwa, owned by the University, and to execute a deed therefor. Acts 
1889, p. 255. 

4650. Auditor's report. The County Auditor shall make, 
on the first Monday of each month, a report of his sales of said lands to 

12— ScH. Law. 



178 SCHOOL LAW OF INDIANA. 

the secretary of the board of trustees and to the Auditor of State, 
showing the date of sale, the description of the lands sold from time to 
time, the number of acres, the price per acre, the total amount each 
tract sold for, the amount of principal paid and the amount of interest 
paid, and of all forfeitures, re-sales, and redemptions thereof. (18) 

4651. Treasurer's report. The County Treasurer shal] 
make a report, on the first Monday of each month, to the treasurer of the 
board of trustees of the University and to the Treasurer of State, of all 
moneys received by him, whether principal or interest, on account of 
such lands ; and the said board of trustees shall require the books of 
their secretrary and treasurer to be so kept as to exhibit the true condi- 
tion of the accounts of all such purchases and sales of the said lands. (19) 

4652. To pay money to State Treasurer. The 

County Treasurer shall, on the first Monday of each month, pay over to 
the Treasurer of State all sums received on account of the principal of 
the jiurchase money of said lands, and shall pay to the treasurer of the 
board of trustees of the University all sums received on account of the 
interest upon the purchase money of the said lands. (20) 

4653. Pay of Auditor and Treasurer. The several 

County Auditors and Ti'easurers shall receive for their services the same 
compensation which may, from time to time, be allowed by law for simi- 
lar services in relation to the sale of common school lands, which shall be 
in full for all their services required by this Act. (21) 

4654. Loans. The Auditor of State shall loan out the said 
principal of the moneys received from the several County Treasurers on 
account of said sales, in the same manner, and requiring the same se- 
curit}^, as other portions of the University fund is now or may hereafter 
be required by law to be loaned out, and shall pay over to the treasurer 
of the board of trustees the interest derived from said principal, as a 
pai't of the income of the University. The said Auditor of State shall, 
in his annual report to the Legislature, report the names of the borrow- 
ers of the whole of the University fund, the amount borrowed by each, 
and the total amount on loan at the date thereof, and the amount of the 
suspended debt, if any, and in whose name forfeited. (22) 

4655. Disposition of proceeds. Of the first proceeds 
of said sum, the said board of trustees shall be entitled to receive an 
amount equal to the amount of interest belonging to the University and 
loaned out as principal by the Auditor of State, as shown by the report 
of that officer to the Greneral Assembly at the session of 1851-2 ; which 
shall be paid to the treasurer of the board of trustees of the University, 



SCHOOL LAW OF INDIANA. 179 

and be applied, under the order of the board of trustees, to the discharge 
of the debts growing out of the rebuilding of the University, and to the 
purchase of a suitable library, philosophical apparatus therefor, or proper 
furniture, in place of those destroyed by the burning of the Univerpity. 

(23) 

4656. Report of sales. The board of trustees shall, in 
tlieir annual report, include a full statement of the amount of the sales 
of such lands, and the application of the funds received therefor, as re- 
ported to them from time to time. (24) 

4657. One Trustee to attend sales. One member of 

the board of trustees, to be designated by the board, shall attend to the 
public sales of the said lands, to prevent combinations injurious to 
the interests of the University ; and he shall have power to withdraw the 
said lands, or any portion thereof, from sale, when, in his judgment, the 
interests of the University would he thereby promoted, and shall have 
the power and right to designate and determine in what sub-divisions 
any of the said lands maybe sold, at tlie time of said public sale, .for the 
best interests of the said University. (25) 

4658. No member to deal in the lands-. No mem- 
ber of the board of trustees of the University shall, either directly or in- 
directly, become the purchaser of any such lands at any sale made by the 
County Auditor, or by private entry with the Auditor .after any forfeit- 
ure of purchase ; and any sale made to any member of the said board, 
contrary to the provisions of this section, shall be absolutely void, and 
the purchase money, and interest which may have been paid thereon, 
shall be forfeited to the University fund. (26) 

4659. Trustees to get information. The commis: 

sioners of the University lands in Gibson and Monroe counties, and the 
several County Auditors and Treasurers of the counties in which any of 
the University lands are situated, shall furnish such information in rela- 
tion to the lands and other property of the University, as may, from 
time to time, be required of them by the said board of trustees, and shall 
report, annually, the amount of unpaid pui'chase money due on the lands 
sold for the use of the said University in each of their counties.' (27) 

[1867, p. 20. Approved and in force March 8, 1867.] 

4660. Annual appropriation. There shall be appro- 
priated, out of the (State Treasury, the sura of eight thousand dollars 
annually hereafter, to be paid semi-annually, commencing on the thirty- 
first day of March, 1867. The same shall be paid out of said Treasury, 



180 SCHOOL LAW 01' II^DIANA. 

upou the warrants of the Auditor of said State, as the interest upon said 
University fund is now paid out. (1) 

[187.">, i>. 17. Appi-oved srud in forca February 19, 1873.] 

4661. Annual a.ppropriation. There shall be appro- 
priated, out of the State Treasury, fifteen thousand dollars annually 
hereafter for the use of said ludiaua University, additional to the amount 
appropriated therefor by the Act of March 8, 18(37, to be paid semi- 
annually, commencing on the thirtieth day of September, 1872. The 
money hereby appropriated shall be paid out of said Treasury, upon the 
warrants of the Auditor of State, as the interest upon the said Uni- 
versity fund is now paid out. (1) 

PURDUE UNIVERSITY. 

[1865, p. 106. Approved and in t'orcu March 6, 1S65.] 

4662. Agricultural college scrip. The State of Indi- 
ana accepts and claims the benefits of the provisions of the Acts of 
Congress, approved July 2, 1862, and April 14, 1864, and assents to all 
the conditions and provi;-ious in said Acts contained. (1) 

1. The Acts of Cougress referred to in lliis section will be found in the Acts 
of 1865 (p. 106), yet out at length in the preamble. 

4663. The first Trustees, and original name. 

The Governor of this State, for the time being, and Alfred Pollard of 
Gibson, Smith Vawter of Jennings, Henry Taylor of Tippecanoe, and 
Lewis Burk of Wayne, and their successors, are created a body corpo- 
rate, under the name of "The Trustees of the Indiana Agricultural 
College." (2) 

4664. Sale and investment of scrip. Said Trustees 

shall, by the hand of their treasurer, claim and receive from the Secre- 
tary of the Interior the land scrip to which this State is entitled by the 
provisions of said Acts of Congress; and, under their direction, said 
treasurer shall sell the same, in such manner and at such times as shall 
be most advantageous to the State, and shall invest the proceeds thereof, 
and any interest that may accrue thereon, in the stocks of the United 
States or of this State yielding not less than five per centum per annum 
upon the par value of the stocks ; and said principal and interest shall 
continue to be so invested, until further provision shall be made by the 
General Assembly of this State for fulfilling the requirements of said 
Acts of Congress. (5) ' 



SCHOOL LAW OF INDIANA. 181 



[1869 S., p. 24. Approved and in force May 6, 1869.] 

4665. Donations accepted. The donation ofif'ered by 
John Purdue, as set forth and communicated to the present General 
Assembly in the message of the Governor, on the sixteenth day of April, 
1869, and the donations oll'ered by the county of Tippecanoe, the 
trustees of the Battle-Ground Institute, and the trustees of the Battle- 
Ground Institute of the Methodist Episcopal Church, as set forth and 
communicated to the General Assembly, at its last session, in the mes- 
sage of the Governor, of the twenty-seventh day of January, 1869, are 
hereby accepted by the State of Indiana. (I) 

4666. Location. The college contemplated and provided by 
the Act of Congress, approved July 2, 1862, entitled "An Act donating 
public lands to the several States and Territories which may provide 
Colleges for the benefit of Agriculture and the Mechanic Arts," is 
hereby located in Tippecanoe County, at such point as may be deter- 
mined before the first day of January, 1870, by a majority vote of the 
trustees of the Indiana Agricultural College ; and the faith of the State 
is hereby pledged that the location so made shall be permanent. (2) 

4667. Purdue University— Pernnanent name. In 

consideration of said donation bj' John Purdue, amounting to one hun- 
dred and fifty thousand dollars, and of the further donation of one 
hundred acres of land appurtenant to the institution, and on condition 
that the same be made effectual, the said institution, from and after the 
date of its location as aforesaid, shall iiave the name and style of 
"Purdue University"; and the faith of the State is hereby pledged 
that said name and style shall be the permanent designation of said 
institution, without addition thereto or modification thereof. (3) 

4668. Corporate name— Powers and duties of 

Trustees. From and after the date of the location made as afore- 
said, the corporate name of the trustees of the Indiana Agricultural 
College shall be ' ' The Trustees of Purdue University ' ' ; and they shall 
take in charge, have, hold, possess, and manage, all and singular, the 
property and moneys comprehended in said donations, as also the fund 
derived from the sale of the land scrip donated under said Acts of Con- 
gress, and the increase thereof, and all moneys or other property which 
may hereafter at any time be donated to and for the use of said institu- 
tion. They shall also have power to organize said University in con- 
formity with the purposes set forth in said Acts of Congress, holding 



182 SCHOOL LAW OF INDIANA. 

their meetings at such times and places as they may agree on, a majority 
of their number constituting a quorum. They shall provide a seal ; 
have power to elect all professors and teachers, removable at their pleas- 
ure ; fix and regulate compensations ; do all acts necessary and expe- 
dient to put and keep said University in operation ; and make all 
])y-laws, rules, and regulations required or proper to conduct and man- 
age the same. (4) 

4669. Privileges of John Purdue. In further con- 
sideration of his said donation, John Purdue shall, from and after the 
taking effect of this act, be added as a member of said Trustees of the 
Indiana Agricultural College, and he shall also be a member of said 
Trustees of Purdue University. Should he, at any time, cease to be 
such member, he shall be continued as an advisory member of said 
trustees ; and he shall, during his lifetime, have visitorial power, for the 
purpose of inspecting the property, real and personal, of said Univer- 
sity, recommending to the trustees such measures as he may deem neces- 
sary for the good of the University, and investigating the financial con- 
cerns of the corporation. And he is authorized to make report of his 
examination, inspection, and inquiries, to the General Assembly, at any 
session thereof. ('5) 

4670. Amendment or repeal. This act shall be subject 

to future amendment or repeal, except so far as it provides for the ac- 
ceptance of donations, the location of the college, the name and style 
thereof, and the rights and privileges conferred upon John Purdue. (6j 

[1876, ]). 120.. Approved March 9, 1875, and in forr-e August 24, 1875.1 

4671. Appointment of Trustees. Upon the taking 

effect of this act. it shall be the duty of the Governor of this State to 
appoint six trustees for the Purdue University, two of whom shall l)e 
nominated by the State Board of Agriculture, one by the State Board 
of Horticulture, and three selected by the Governor himself — each of 
said trustees to be appointed from a different congressional district from 
the others, except that two may be appointed from the same congres- 
sional district in which said University is situate. ( 1 ) 

4672- Term of office. The persons so appointed shall con- 
tititute the Board of Trustees of said University, and shall hold their 
offices as follows : Two members of the first Board shall hold their offices 
for one year and until their successors are appointed ; two for two years, 
and two for three years ; and at the expir?i,tion of the term of office of 



SCllodL ].AW (IF INDIANA. 1 So 

any of the members of the fir^t or auy subtsequeiit Bouk!, their .succes- 
sors shall be appointed in like manner, and with like nomination, as pro- 
vided in this Act, to hold their offices for the term of three years, and 
until their successors are appointed. (2) 

4673. Vacancies, how filled. If, from any cause, a va- 
cancy occur in said Board, the same shall be filled, by appointment, to 
fill the unexpired term, the person appointed to fill such vacancy being 
nominated and appointed, or appointed, in the same manner as his pre- 
decessor had been at the commencement of such term. (3) 

[1891. p. 34. Approved and in force February '2ft. 1891.] 

4674. Officers- Treasurers' bond and duties. 

Said Trustees shall, at their first meeting after their appointment, and 
every two years thereafter, choose a president of said Board ; and they 
shall, at such meeting, and every two years thereafter, and whenever a 
vacancy occurs, elect, by ballot, a secretary and treasurer, neither of 
whom shall be a member of the Board, whose compensation shall be 
fixed by the Trustees. The said treasurer shall give such bond to the 
State of Indiana, in any sum not less than fifty thousand dollars, for 
the faithful execution of his trust, with sufficient sureties as said Trus- 
tees may require ; and he shall receive, take charge of, and, under the 
direction of said Trustees, manage all [the] stocks and funds belonging 
to said University. (4) 

[1877 S., p. 60. Approved and in forfe March 12, 1877.] 

4675. County students. The Board of Commissioners of 
each county in this State may appoint, in such manner as it may choose, 
two students, or scholars, to Purdue University, who shall be entitled 
to enter, remain, and receive instruction in the same, upon the same 
conditions, qualifications and regulations prescribed for other applicants 
for admission to, or scholars in, said University : Provided, however. 
That every student admitted to said University by appointment, by vir- 
tue of this Act, shall in nowise be chargeable for room, light, heat, 
water, tuition, janitor or matriculation fees ; and said student shall be 
entitled, in the order of admittance, to any room in the University then 
vacant and designed for the habitation or occupancy of a student ; and 
such student so admitted shall have prior right to any such room, sul)- 
ject to the rules of the University, over any student not appointed and 
admitted as aforesaid. (1) 



^k't'Lt-A 



184 SCHOOL LAW OF TXr»[.\XA. 

4676. Students, ^o more than two students at the same 
time from any one county shall be entitled to admittance to said Uni- 
versity, under the provisions of this Act. But the Board of Commis- 
sioners of each county may, from time to time, appoint, as aforesaid, to 
any vacancy in its appointments. (2) 

L1881 S., p. 58.5. Approved and in force April 14, 188L] 

4677. Investment of fund. The Trustees of Purdue 
University, by their treasurer, are hereby authorized, on or after the 
first day of April, 1881, to surrender to the Treasurer of State the bond 
executed to said University by the State of Indiana, bearing date April 
1, 1878, and payable, in the sum of two hundred thousand dollars, on 
April 1, 1881 ; and a like bond executed by the State to said Univer- 
sity, dated April 1, 1879, and payable, in the sum of one hundred and 
twenty-five thousand dollars, on April 1, 1884; and also to pay, out of 
the proceeds of the United States five per cent, bonds now held by said 
University (which said Trustees are hereby empowered to sell), the sum 
of fifteen thousand dollars to said Treasurer of State ; who, thereupon, 
is hereby directed to issue and deliver to said treasurer of Purdue Uni- 
versity a non-negotiable bond of the State of Indiana, to be signed by 
the Governor and State Treasurer, and attested by the Secretary of 
State and the State seal (the same to be dated April 1, 1881, and paya- 
ble, twenty years after its date, to the Trustees of Purdue University 
and their successors, with interest at the rate of five per cent, per an- 
num, payable quarterly after date of the bond), all for the use of Pur- 
due University — said bonds surrendered, and fifteen thousand dollars 
paid, constituting the endowment fund of said University derived from 
the gift of the United States. (1) 

11889, p. a^L Approved <and in force March 9, 1889.1 

4677 a. Gift to establish Institute of Technol- 

Og"y. Whenever any individual or individuals shall give, donate or 
bequeath a sum of money or other valuable property for the purpose of 
establishing an Institute of Technology or other special schools in con- 
nection with Purdue University in and on the grounds of said Univer- 
sity, the Trustees of said University are hereby authorized and empow- 
ered to accept such donation, gift or bequest for and on behalf of the 
State of Indiana for such institute on such terms as may be agreed upon 
by and between such Trustees and said donor or donors or devisior 
f devisor] ; and the said Trustees are hereby authorized to establish, main- 
tain and operate such an institute in connection with Purdue University : 
Provided, That such Institute of Technology shall be freely open to stu- 
dents upon the same terms upon which Purdue University is open to 



\ 



SCH OL LAW OF INDIANA. 185 

students. And, provided, That nothing in this act shall enable or author- 
ize said Trustees to make any contract with said donor or donors by which 
any debts shall be created beyond or above current legislative appropri- 
ations to the University. And, provided further. That the terras upon 
which such donations are received and accepted shall not be efiective 
unless the same are endorsed and approved by the Governor of the State 
of Indiana. 

[1889, p. 273. Approved March 9, 1889, and in force May 10, 1889.] 

4677 b. Farmers' Institutes. It is hereby made the 
duty of the Committee of Experimeutal Agriculture and Horticulture 
of the -Board of Trustees, together with the Faculty of the School of 
Agriculture of Purdue University, to appoint, before November 1st of 
each year, suitable persons to hold in the several counties of this State, 
between the 1st day of November and the 1st day of April of each year, 
county institutes for the purpose of giving to farmers and others inter- 
ested therein instructions in agriculture, horticulture, agricultural chem- 
istry and economic entomology. 

4677 c. Time and place of i-iolding Institutes. 

Such Institutes shall be held at such times and places as said committee 
and faculty may determine, and under such rules, regulations and metli- 
ods of instruction as they may prescribe : Provided, hoioevcr, That such 
Institutes shall be so conducted as to give those attending the results of 
the latest investigations in theoretical and practical agriculture and hor- 
ticulture. (2) 

4677 d. Appropriation. For the purpose of carrying out 
the provisions of this act, paying the salaries of instructors and other 
necessary expenses, the sum of five thousand dollars is liereby appropri- 
ated, to be expended under the direction of the said committee of said 
board of trustees, and they shall annually report such expenditures and 
the purposes thereof to the Governor. (3) 

[1891, p. 483. Approved and in force March 7, 1891.] 

4677 e. Acceptance of United States Grant. 

Whereas, an Act of Congress, approved August 30, 1891, entitled an 
act to apply a portion of the proceeds of the public lands to the more 
complete endowment and support of the colleges for the benefit of agri- 
culture and the mechanic arts, established under the provisions of an 
Act of Congress, approved July 2, 1862, provides, among other things, 
that the grants of moneys, authorized by this act, iwe made subject to 
the legislative assent of the several States and Territories to the purpose 



186 . SCHOOL LAM' OF INDIANA. 

of said grants : Provided, That payments of such installments of the 
appropriation herein made, as shall become due to any State before the 
adjournment of the regular session of the Legislature meeting next after 
the passage of this act, shall be made upon the assent of the Governor 
thereof, duly certified to the Secretary of the Treasury; therefore, 

Be it resolved by the State of Indiana, That the legislative assent be, and 
the same is hereby, given to the purpose of said grant, and Purdue Uni- 
versity is hereby designated as the agricultural college entitled to the 
suid grant. 



SCHOOL BOOKS. 

AN ACT entitled an act to create a Board of Commissioners for the purpose of 
securing for use in the common schools of the State of Indiana of a series of 
text-books, defining the duties of certain officers therein named with reference 
thereto, making appropriations therefor, defining certain felonies and misde- 
meanors, providing penalties for the violation of the provisions of said act, 
repealing all laws in conflict therewith, and declaring an emergency. 

[188',). ti. 74. Became a law by lapse of time without the Governor's approval, March 2, 1889.J 

Si'XTiON 1. Be it enacted by the General Assembly of the State of Indiana, 
Tluit the State Board of Education shall constitute a Board of Com- 
missioners for the purpose of making a selection, or procuring the com- 
pilation for use in the common schools of the State of Indiana, of a 
series of text-books in the following branches of study, namely : Spell- 
ing, reading, arithmetic, geography, English grammar, physiology, 
history of the United States, and a graded series of writing books. The 
matter contained in the readers shall consist of lessons commencing with 
the simplest expression of the language, and by a regular gradation, 
advancing to and including the highest style of composition both in 
poetry and prose : Frovided, That none of said text-books shall contain 
anything of a partisan or sectarian character : And, provided further. 
That the foregoing books shall be at least equal in size and quality as to 
matter, material, style of binding and mechanical execution, to the 
following text-books now in general use, namely : The speller to 
McGuflfey's Spelling-book, the reader to Appleton's Readers, the arith- 
metic to Ray's New Arithmetic Series, the geographies to the Eclectic 
Series of Geographies, the grammar to Harvey's Grammar, the physi- 
ology to Dalton's Physiology, the history of the United States to Tlial- 
heimer's History of the United States, and the writing-books equal to 
the Eclectic Coi)y-books. 



SCHOOL LAW OF INDIANA. 187 

1. Constitutional. This act i- conslitiition.-.l. It is not void on the ground 
that it creates a monopoly, nor on the ground that it confers a special privilege. 
State V. Haworth, 122 Ind. 462. 

2. Choice of books. The I^egislature has tiie power to require a designated 
series of books to be used in the public schools, and to require that the books 
selected shall be obtained by the school officers from the person to Avhom the con- 
tract for supplying them uiaY be awarded. It may not only prescribe regulations 
for using the books designated, but it may also declare how the books shall be ob- 
tained and distributed. State i. Ilaworth, 122 Ind. 462. 

Sec. 2. The said Board of Commissioners shall, immediately itpon 
the taking effect of this act, advertise for twenty-one consecutive days 
in two daily papers published in this State, having the largest circu- 
lation, and in one newspaper of general circulation in the cities of IS^ew 
York, Philadeli:)hia, Cincinnati, Chicago and St. Louis tliat :it a time 
and place to be fixed by said notice, and not later than six months after the 
first publication thereof, said board will receive sealed proposals on the 
following : 

First. From jDublishers of school text-books, for furnishing books 
to the School Trustees of the State of Indiana for use in the common 
schools of this State, as provided in this act, for a term of five years, 
stating specifically in such bid the price at which each book will be fur- 
nished, and accompanying such bid Avith specimen copies of each and all 
books proposed to be furnished in such bid. 

Second. From authors of school text-books, who have manuscripts of 
books not published, for prices at Avhich they will sell their manuscript, 
together with the copyright of such books, for use in the public schools 
of the State of Indiana. 

Third. From persons who are willing to undertake the compilation 
of a book or books, or a series of books, as provided for in section one 
(1) of this act, the price at which they are willing to undertake such 
compilation of any or all of such books, to the acceptance and satisfac- 
tion of the said Board of Commissioners : Provided, That any and all 
bids by publishers, herein provided for, must be accompanied by a bond 
in the penal sum of fifty thousand dollars, Avith resident freehold surety, 
to the acceptance and satisfaction of the Governor of this State, condi- 
tioned that if any contract be awarded to any bidder hereunder, such 
bidder will enter into a contract to perform the conditions of his bid to 
the acceptance and satisfaction of said Board : And provided fmiher, 
That no bid shall be considered unless the same be accompanied by the 
affidavit of the bidder that he is in nowise, directly or indirectly, con- 
nected with any other publisher or firm who is now bidding for books 
submitted to such board, nor has any pecuniary interest in any other 
publisher or firm bidding at the same time, and that he is not a party to 



ISS gCaoOL LAW OF INDIANA. 

any compact, syndicate or other scheme whereby the benefits of compe- 
tition are denied to the people of this State : And be it further provided, 
That if any competent author or authors shall compile any one or more 
books of the first order of excellence, and shall offer the same as a free 
a'ift to the people of this State, together with the copyright of the same 
and the right to manufacture and sell such works in the State of Indiana 
for use in the public schools, it shall be the duty of such Board of Com- 
missioners to pay no money for any manuscript or copyright for such 
book or books on the subject treated of in the manuscript so donated ; 
and such Board shall have the right to reject any and all bids, and at 
their option such Board shall have the right to reject any bid as to a 
part of such books, and to accejDt the same as to the residue thereof. 

Sec. 3, It shall be the duty of such board to meet at the time and 
place mentioned in such notice, and open and examine all sealed pro- 
posals I'eceived pursuant to the notice provided for in section two (2) of 
this act, and it shall be the further duty of such board to make a full, 
complete and thorough investigation of all such bids or proposals, and 
to ascertain under which of said proposals or propositions the school 
books could be furnished to the people of this State for use in the com- 
mon schools at the lowest price, taking into consideration the size and 
quality as to matter, material, style of binding and mechanical exe- 
cution of such books : Provided, always. That such board shaU not, in 
any case, contract with any author, publisher or publishers, for the 
furnishing of any book, manuscript, copyright or books which shall be 
sold to patrons for use in the public schools of this State at a price above 
or in excess of the following, which prices shall include all cost and 
charges for the transportation and delivery to the several County School 
Superintendents in this State, namely : For a Spelling Book, ten (10) 
cents; for a First Reader, ten (10) cents; for a Second Reader, fifteen 
(15) cents ; for a Third Reader, twenty-five (25) cents ; for a Fourth 
Reader, thirty (30) cents ; for a Fifth Reader, forty (40) cents ; for an 
Arithmetic, intermediate, thirty-five (35) cents ; for an Arithmetic, com- 
plete, forty-five (45) cents ; for a Geography, elementary, thirty (30) 
cents; for a Geography, complete, seventy-five (75) cents; for an Eng- 
lish Grammar, elementary, twenty-five (25) cents ; for an English Gram- 
mar, complete, forty (40) cents ; for a Physiology, thirty-five (35) cents ; 
for a History of the United States, fifty (50) cents ; for Copy Books, 
each, five (5) cents. 

Sec. 4. If, upon the examination of such proposals, it shall be the 
opinion of such Board of Commissioners that such books can be 
furnished cheaper to the patrons for use in the common schools in the 
State by procuring and causing to be published the manuscript of any 



SCHOOL LAW OF INDIANA. 189 

or all of such books, it shall be their duty to procure such manuscript 
aud to advertise for sealed proposals for publishing the same, in like 
manner as hereinbefore provided, and under the same conditions and 
restrictions. And such contract may be let for the publication of all of 
such books, or for any one or more of such books separately ; and it shall 
be the further duty of such Board of Commissioners to provide, in the 
contract for the publication of any such manuscript, for the payment by 
the publisher of the compensation agreed between such board and the 
author or owner of any such manuscript for such manuscript, together 
with the cost or expense of copyrighting the same. 

Sec. 5. It shall be a part of the terms and conditions of every con- 
tract made in pursuance of this act that the State of Indiana shall not 
be liable to any contractor hereunder for any sum whatever ; but that 
all such contractors shall receive their pay and compensation solely and 
exclusivley from the proceeds of the sale of the books, as provided for 
in this act. 

Sec. 6. As soon as such board shall have entered into any contract 
for the furnishing of books for use in the public schools of this State, 
pursuant to the provisions of this act, it shall be the duty of the Gov- 
ernor to issue his proclamation announcing such fact to the people of 
this State. 

Sec. 7. When such proclamation shall have been duly issued, it 
shall be the duty of the School Trustees of each and every school corpo- 
ration in this State, within thirty days thereafter, and at such other 
times as books may be needed for use in the public schools of their re- 
spective corporations, to certify to the County Superintendent of their 
respective counties the number of school text-books provided for in 
such contract required by the children for use in the schools of their 
several school corporations. Such County Superintendent shall forth- 
with make such requisition for books as the schools in the said several 
counties may require upon the State Superintendent of Public Instruc- 
tion, and that said State Superintendent of Public Instruction shall 
immediately thereafter make a requisition for said books upon the con- 
tractor, who shall within ninety days ship the books so ordered directly 
to the County School Superintendents of the several counties of this 
State. Upon the receipt of such books it shall be the duty of such 
County School Superintendents to immediately notify all the School 
Trustees of the school corporations as shown by the last school enumer- 
ation of their counties of the receipt of such books. It shall then be 
the duty of such School Trustees to immediately procure and take charge 
and custody of all the books assigned to their several school corporations, 
receipting therefor, to the said County School Superintendent ; and upon 



190 SCHOOL LAW OF INDIANA. 

the receipt of such books by jLiid School Trustees tJiey shall furnish 
them on demand to the school patrons or school children of their respect- 
ive corporations at the price fixed therefor by the contract entered into 
between said Board of Commissioners and said contractor ; and it shall 
be the duty of such school officers to sell books for cash only ; and if 
they shall sell or dispose of any books other than for the cash price 
thereof they shall be held personally liable, and liable upon their official 
bond for the price of such book or books : Provided, That any patron or 
pupil of any school or schools other than the public schools, and also 
any child between the ages of six and twenty-one years of age, or the 
parent, guardian or teacher of such child, shall have the right to pur- 
chase and receive the books, and at the prices herein named, by pay- 
ment of the cash price thereof to the School Superintendent of any 
county in this State, and it is liereby made his duty to make requisition 
upon the contractor for any and all books so ordered and paid for by 
any such person or persons : And provided further, That nothing in this 
act shall operate to prevent the State Board of Education, Boards of 
School Trustees, or Boards of School Commissioners from devising 
means and making arrangements for the sale, exchange or other dispo- 
sition of such books as may be owned by the pupils of schools under 
their charge at the time of the adoption of books under the provisions 
of this act. 

L Mandamus. The Trustee may be comiDelled by mandamus to procure and 
furnish the books. — State r. Haworth, 122 Ind. 462. 

Sec. 8. At the expiration of three months after the receipt of such 
books by the County Superintendent, and every three months thereafter 
it shall be the duty of each School Trustee receiving and chargeable 
with books under the provisions of this act, to make a full and complete 
report to the County Superintendent of the number of books sold, and 
the amount of money received therefor, and the number of books on 
hand ; and at the time of making such report he shall pay over to the 
County Superintendent all moneys received by him or with which he is 
chargeable, from the sales of books in his hands ; which report shall be 
duh'' verified by the oath of the party making it. 

Sec. 9. If, at the expiration of ten days from the time required by 
this act for the making of such report of any School Superintendent 
chargeable with books under this act, any such officer shall have failed, 
neglected or refused to make such report, or turn over any moneys with 
which he is chargeable, it shall be the duty of the County School Super- 
intendent, within fifteen days, to enter suit upon his official bond for an 
accounting and recovery of any moneys due from him on account of 
such books with which he is chargeable ; and all judgments recovered 



SCHOOL LAW OF INDIANA. IDl 

upon such bonds shall include a reasonable attorney's fee for the attor- 
ney prosecuting such suit ; and such judgment shall be without relief 
from valuation or appraisement laws, and shall be without stay of 
execution. 

Sec. 10. It shall be the duty of the several County School Superin- 
tendents of this State, within thirty days from the issuing of the pro- 
clamation by the Governor, as hereinbefore provided for, and of every 
County School Superintendent hereafter elected, before he enters upon 
the discharge of his official duties, to enter into a special bond, with at 
least two freehold sureties of such county, payable to the State of Indi- 
ana, conditioned that they will faithfully and honestly perform all the 
duties required of them by this act, and account for and pay over all 
moneys that may come into their hands, pursuant to the provisions of 
this act, in a penal sum which shall be equal in amount to one hundred 
dollars for every one thousand inhabitants of their respective counties 
as shown by the last census immediately preceding the giving of such 
bond, to be approved by the Board of Commissioners of their respective 
counties ; and upon the failure of any County School Superintendent to 
give such bond, his office shall become immediately vacant, and the 
Board of Commissioners of his county shall immediately appoint some 
competent and suitable person to fill such vacancy for the unexpired 
term of his office. 

1. Note. Mere failure to file the bond within the time required does not 
vacate the office; and if the Board of County Commissioners declare the office 
vacant for that reason, the Superintendent may appeal from such decision. — Board 
Com. V. Johnson, 124 Ind. 145. The Board of Commissioners can not refuse to 
approve the bond on the ground that the Superintendent was corruptly elected. — 
State V. Board of Com., 124 Ind. 554. 

Sec. 11. It shall be the duty of each County School Superintendent 
in this State, within ten days after the quarterl}^ reports of the School 
Trustees, as hereinbefore provided for, to make a full, true, complete 
and detailed report to the contractor of all books sold by the several 
School Trustees of his county, and of the number of books in the hands 
of the Trustees of each school corporation, which report shall be accom- 
panied by all cash received by him from the school officers from sales of 
books by them sold, and which report shall be duly verified by him, and 
a duplicate thereof shall be filed in the office of the Auditor of his 
county. Upon the failure of any County School Superintendent to 
make the report and to transmit the cash, as required by this section, a 
right of action shall immediately accrue to the contractor against the 
said School Superintendent and the sureties upon the bond provided for 
in this act, for an accounting and for the recovery of any monev? re- 
ceived and not transmitted by him, and for any damages which may 



192 SCHOOL LAW OF INDIANA. 

have resulted from his neglect or failure to comply with provisions of 
this act, and any judgment upon any such bond shall include a reason- 
able fee for the attorney prosecuting such suit, and such judgment shall 
be without relief from valuation and appraisement laws, and shall be 
without stay of execution. 

Sec, 12. Any School Trustee charged with the sales of any books 
under the provisions of this act, who shall directly or indirectly demand 
or receive any money for any book or books in excess of the contract 
price, as hereinbefore provided, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be fined in any sum not less 
than ten nor more than one hundred dollars, to which may be added 
imprisonment in the county jail for a term not exceeding sixty days. 

Sec. 13. Any County School Superintendent or Trustee of any town- 
ship or school corporations in this State who shall fraudulently fail or 
refuse, at the expiration of the term for which he was elected or ap- 
pointed, or at any time during such term, when legally required by the 
proper person or authority, to account for and deliver and pay over to 
such person or persons as may be lawfully entitled to receive the same, 
all moneys or school books which may have come into his hands by 
virtue of the provisions of this act, shall be deemed guilty of embezzle- 
ment, and upon conviction thereof shall be imprisoned in the State 
prison for any period not more than five years nor less than one year, 
and fined in any sum not exceeding one thousand dollars, and rendered 
incapable of holding any office of trust or profit for any determinate 
period. 

Sec. 14. The sum of one thousand dollars is hereby appropriated 
out of any funds in the State treasury not otherwise appropriated, for 
the purpose of paying the cost and expeuses incident to the giving of 
the notices herein provided for, and carrying out the provisions of this 
act. All laws and parts of laws in conflict with the provisions of this 
act are hereby repealed. 

Sec. 15. Whereas, an emergency exists for the immediate taking 
effect of this act, therefore it shall be in force from and after its passage. 



SCHOOL LAAV OF INDIANA. 193 



SUPPLEMENTAL ACT. 

AN ACT for an act entitled an act concerning text-books for use in the common 
schools of Indiana, defining the duties and compensation of certain officers 
and persons in this act named, with reference to the adoption, use, purchase 
and accounting for of such books ; defining certain felonies and creating cer- 
tain civil liabilities for a violation of certain of such duties; making an a[)- 
propriation of money out of the State treasury to carry out a certain provision 
of this act; providing what eflect this act shall have upon a prior law on the 
same general subject and upon contracts entered into with the State thereunder; 
providing for the publication of this act, and declaring an emergency. 

[1891, p. 99. Approved and in force March 5, 1891.] 

Section 1. Be it enacted hy the General Assembly of the State of In- 
diana, That it shall be the duty of the Board of Commissioners for the 
purpose of securing for use in the common schools of the State of Indi- 
ana of a series of text-books, as constituted by the act of the General 
Assembly in this section mentioned, to immediately advertise foi bids. 
and to act upon such bids as may be submitted for the furnishing foi 
use in the common schools of the State of Indiana of a spelling book 
a primary physiology, a more advanced work on physiology, and hygiene. 
an elementary grammar, a complete grammar, and a history of the 
United States. In advertising for such bids, and in acting upon any 
bid which may be submitted, such Board of Commissioners shall be gov- 
erned, as far as possible, by the same terms, conditions and limitations 
concerning them, and shall require bidders and contractors to comply 
with all terms, conditions aad limitations concerning bidders or con- 
tractors, so far as applicable, as are contained in an act of the General 
Assembly of Indiana, entitled, "An act entitled an act to create a Board 
of Commissioners for the purpose of securing for use in the common 
schools of the State of Indiana of a series of text-books, defining the 
duties of certain officers therein named with reference thereto, making 
appropriations therefor, defining certain felonies and misdemeanors, pro- 
viding penalties for the violation of the provisions of said act, repealing 
all laws in conflict therewith, and declaring an emergency." Acts ot 
the General Assembly of the State of Indiana, 1889, p. 74 : Provided, 
That the standard of physiologies shall be Hutchinson's laws of health 
and Hutchinson's physiology and hygiene : And provided further, That 
no bids shall be considered in which the price of a primary physiology 
shall exceed thirty cents for the volume, or in which a physiology and 
hygiene shall exceed sixty cents for the volume, or in which a history 
of the United States shall exceed sixty-five cents for the volume. 

13— ScH. Law. 



194 SCHOOL LAW OF INDIANA. 

Sec. 2. That it shall be the duty of the Township Trustees and School 
Boards of the State, severally, on the first Monday of June in each 
year, and at such intermediate times as the necessity therefor shall exist, 
after considering the number and kind of adopted books already sold in 
the corporation, the number and kind of such books on hand, and ascer- 
taining from their teachers or Principal and Superintendent, as the case 
may be, the enrollment of scholars in the different classes or grades of 
the schools of the corporation, to order such quantities of the books which 
the State has at that time adopted, as may seem to him or to it, to be 
necessary for use in the schools of such corporation until the first day 
of June then next succeeding ; the estimate being based upon the infor- 
mation which it is above provided shall be gathered, and on the advice 
of the County Superintendent : Provided, That the total orders for any 
school year of the books adopted heretofore, and those mentioned in sec- 
tion one of this act, shall not exceed the amount of one dollar for each 
child enumerated for school purposes in the corporation : And, provided 
farther. That it shall be the duty of the State Superintendent to prop- 
erly scale down any order for books which may pass through his hands, 
in case that it shall seem clear to him that such order is for a quantity 
of books in excess of the needs of the corporation during the period for 
which such books were ordered. 

Sec. 3. Whenever an order for the books which the State has 
adopted, or may adopt, shall have been filled by a contractor with the 
State, and the books delivered to the Township Trustee or School Board 
making such order, it shall be the duty of such Trustee or Boards to 
immediately acknowledge the receipt of such books to the contractor, 
and also to make a report thereof to the County Superintendent, and it 
shall be lawful for any such Trustee or School Board to at once make 
payment for such books to the contractor through the Superintendent 
of the county out of any school funds in excess of the needs of their 
respective townships or school corporations for current expenses or other 
special needs, in the hands or control of such Trustee or Board, aside 
from the principal or interest of the common congressional school fund, 
or the "school revenue for tuition : " Provided, however. That no debt 
shall ever be contracted, or warrant or other evidence of indebtedness 
ever be issued by a Trustee or Board on account of a purchase of books : 
And provided further, That whenever any books are paid for by any 
Trustee or School Board, such Trustee or School Board shall be liable 
personally, and liable upon their official bonds respectively for the pre- 
servation, custody and safe keeping of all such books until the same are 
sold and accounted for, or otherwise disposed of according to law. 
AVhenever a book, paid for as aforesaid, is sold by a Trustee or School 



SCHOOL LAW OF INDIANA. 195 

Board, it shall be the duty of such Trustee or School Board to turu the 
entire proceeds of such sale iuto the fund, out of which payment was 
made to the contractor, to reimburse the fund for such advancement. 
In case a Trustee or School Board receiving books from a contractor 
with the State shall not pay for such books, as provided in this section, 
he, or it, shall make quarterly reports under oath of the sale of such 
books, accompanied by ail cash received therefor, to the County Super- 
intendent for transmission to the contractor, as now provided by law, 
until such books shall have been fully paid for. The provisions of this 
section shall apply to all orders heretofore filed : Provided, That if said 
Trustee or Board shall have on hands any books heretofore ordered for 
which he, or it, may have no immediate use, the same shall, upon the 
order of the County Superintendent, or the State Superintendent of 
Public Instruction, be returned to the contractor, or be shipped to such 
other point as the contractor may direct, the contractor to pay all freight 
charges on such shipment ; and the County Superintendent and such 
Trustee or Board shall thereupon have credit for such books so returned 
or shipped. 

Sec. 4. It shall be the duty of each Township Trustee and each 
School Board to furnish the necessary school books, so far as they have 
been or may be adopted by the State, to all such poor or indigent chil- 
dren as may desire to attend the common schools of his, or its, corpora- 
tion, as in his, or its, opinion would be otherwise unable to attend such 
schools : Provided, That no Township Trustee in this State shall receive 
an amount exceeding five dollars as compensation for his services in any 
one year for duties performed in carrying out the provisions of this act, 
or the act to which it is supplemental. 

Sec. 5. When books are fully paid for out of the funds of a school 
corporation, as provided in section three of this act, it shall not be nec- 
essary for the Township Trustee or School Board of such corporation to 
make quarterly reports of the sale of the adopted books, but instead 
thereof a report shall in all cases be made by him, or it, upon oath on 
the first Monday of August in each year to the County Superintendent, 
and like report upon oath shall at the same time be made to the Board 
of Commissioners of the county, which reports shall severally state the 
number and kind of books on hand at last report ; the number and kind 
sold ; the number then on hand ; the disposition of the money received 
on such sales ; the amount of money used from any school fund in pay- 
ment for books received ; and the condition of such funds. Such reports 
shall also state the number and kind of books furnished as provided in 
section four of this act ; for the price of which books so furnished the 
Township Trustee or School Board furnishing the same shall have 
credit. 



SCHOOL LAW OF INDIANA. 

ISec. (i. The sum of oue tliousand dollars is liLixby appropriated out 
of the general fund in the State treasury to enable the Board of School 
Commissioners, mentioned in section one of this act, to advertise for 
bids as in said section provided. 

Sec. 7. Any Township Trustee or member of a School Board, re- 
ceiving or being in possession of any moneys which at the end of the 
next quarter should be turned over to the County Superintendent to 
pay a contractor for books sold which have not been paid for out of the 
funds of the corporation, who shall fail to report the sale of such books 
at the end of such next quarter, or who shall fail to pay therewith the 
full proceeds thereof to the County Superintendent, or so much thereof 
as may be necessary to fully pay the contractor, shall be liable, after 
demand upon him, to a suit on his official bond, brought on the relation 
of the County Superintendent, whose duty it shall be to bring the action 
for the amount due from him, and damages, if any, and any judgment 
which shall be rendered in favor of the plaintiff in the action shall con- 
tain a reasonable attorney's fee, and shall be payable without relief from 
valuation or appraisement laws. The same liability upon his bond shall 
accrue against a Township Trustee or member of a School Board who 
shall refuse to pay over as in this act required any moneys drawn from ^ 
the funds of his corporation on account of books purchased, or who shall 
fail to apply all moneys for books sold that have been purchased by the 
corporation, to the reimbursement of the proper fund. Any judgment 
rendered against a Township Trustee, School Board, or member of a 
School Board, because of the non-performance of any duty, shall in- 
clude a reasonable fee for the plaintiff's attorney- 

Sec. 8. It shall be the duty of each County School Superintendent 
of this State, within thirty days from the taking effect of this act, and 
of each County School Superintendent hereafter elected, before he en- 
ters upon the discharge of his official duties, to execute a special bond 
with at least two freehold sureties of his county, payable to the State 
of Indiana, conditioned that he will faithfully and honestly perform all 
the duties required of him by law, and account for and pay over all 
moneys which may come into his hands pursuant to law, in a penal sum 
which shall be equal to one hundred dollars for every thousand inhab- 
itants of his county, as shown by the last census immediately preceding 
the giving of such bond, which bond shall be executed to the approval 
of the Board of Commissioners of his county, and upon failure of any 
County School Superintendent to give such bond, his office shall become 
immediately vacant, and the Board of Commissioners of his county shall 
immediately appoint some competent and suitable person to fill such 
vacancy for the unexpired term of his office. 



SOSOOL t^AW Of raDIANA. 197 

Sec. 9. It shall be the duty of Buch County School Superinteudent 
within ten days after the receipt of any report, or money, from a Town- 
ship Trustee or School Board, as hereinbefore provided for, to make a 
full, true, complete and detailed report thereof to the contractor, which 
report shall be accompanied by all cash received by him from the school 
offiers. The report above provided for shall be duly sworn to by the 
County Superintendent, and a duplicate thereof shall be filed by him in 
the office of the Auditor of his county. Upon the failure of any County 
School Superintendent to make report to the contractor and to transmit 
the cash as required by law, a right of action shall immediately accrue 
to the contractor against the said County School Superintendent, and 
the sureties upon his- bond provided for in this act, for an accounting 
and ./or the recovery of any moneys received and not transmitted by 
him, and for any damages which may have resulted from his neglect or 
failure to comply with the provisions of this act, and any judgment 
upon any such bond shall include a reasonable fee for the attorney 
prosecuting such suit, and such judgment shall be without relief from 
valuation or appraisement laws, and shall be without stay of execution. 

Sec. 10. Any County School Superintendent, or Trustee of any 
township, or member of any school board in this State, who shall fraud- 
ulently fail or refuse, at the expiration of the term for which he was 
elected, or appointed, or at any time during such term, when legally 
required by the proper person or authority to account for and deliver 
and pay over to such person or persons as may be lawfully entitled to 
receive the same, all moneys, or school books which may come into his 
hands by virtue of the provisions of law shall be deemed guilty of em- 
bezzlement, and upon conviction thereof shall be imprisoned in the 
State prison not more than five nor less than one year, and fined in any 
sum not exceeding one thousand dollars, and rendered incapable of 
holding any office of trust or profit for any determinate period. 

Sec. 11. The books which have been, or may hereafter be, adopted 
by the State of Indiana for use in its common schools by virtue of this 
act, or the act mentioned in section one hereof, shall be uniformly used 
in all the common schools of the State, in teaching the branches of 
learning treated of in such books, and it shall be the duty of the proper 
school officers and authorities to use in such schools such books for 
teaching the subjects treated in them. 

Sec. 12. It shall be the duty of any person or persons, firm or cor- 
poration, who shall hereafter furnish and supply books under the provis- 
ions of this act, or under the provisions of the act of 1889, title where- 
of is set out in the first section of this act, to ship to and to notify the 



198 SCHOOL LAW OF INDIANA. 

consignee of such shipment, and deliver the books ordered by the vari- 
ous County Superintendents, at such railway stations as may be most 
convenient for the various Township Trustees or School Board in the 
several counties to receive the same as may be directed by the said 
County Superintendent. And in preparing such books for such ship- 
ment it shall be the duty of every such contractor to wrap each several 
kind of books by themselves in packages of not to exceed five or ten 
books, according to their size, each such package to be securely wrapped 
in good substantial paper of sufficient Aveight to protect the books 
enclosed therein, and to be closed at each end thereof, and each package 
to have plainly and clearly marked or printed on the outside thereof the 
kind and number of books contained therein, and as many of such 
packages shall be enclosed in large packages or boxes as may be safe and 
convenient for shipment. And upon the receipt of such books it shall 
be the duty of each Township Trustee or School Board to carefully care 
for and protect such books until sold, and to preserve the same in the 
original packages in which they are wrapped without opening, until all 
copies of the same books heretofore received by him or it have been sold, 
and thereafter not to open any such package until all copies contained in 
packages previously opened have been sold : Provided, If, upon the 
opening of any such package, any Township Trustee or School Board 
shall discover that any of the books therein contained have been dam- 
aged, or are defective at the time of their receipt by him, or it, so as to 
be unsalable, he, or it, shall not be required to offer the same for sale, 
but in such an event, he, or it, shall immediately notify the County 
Superintendent of such damaged or defective book or books, who shall 
immediately thereafter give notice thereof to the contractor furnishing 
the same, and thereafter such damaged or defective book or books shall 
be subject to the order of the contractor. 

Sec. 13. It shall be the duty of any person or persons, firm or corpo- 
ration who may hereafter' furnish and supply books under the provisions 
of this statute, or of the act of 1889, the title whereof is set out in the 
first section of this act, to print in large letters upon the outside of the first 
cover of each book so furnished and supplied by him or them, the name 
of the adopted book, and upon the outside of the back cover the price 
at which such book is furnished to be sold to pupils, under such con- 
tract, and it shall be the duty of all County Superintendents, Township 
Trustees, and other school officers, and school teachers, to see that all 
books so furnished to pupils, and bought by pupils for use in the schools 
of the State shall bear such imprint : Provided, This section shall not 
apply to copy books. 



SCHOOL LAW OF INDIANA. 199 

Sec. 14. It shall be the duty of the Superintendent of Public In- 
struction to cause to be printed at the expense of the printing fund, and 
to send to each of the County Superintendents as soon as possible after 
the passage thereof a sufficient number of copies of this act to provide 
such Superintendent and each Township Trustee and each member of 
a School Board in such county with one copy of such act. Each County 
Superintendent shall, at once, upon the receipt of the copies intended 
for his county, mail or otherwise deliver to each Township Trustee and 
member of a School Board in his county a copy of this act. 

Sec. 15. Nothing in this act shall be construed to in anywise affect 
the act mentioned in section one of this act, and the two acts shall be 
regarded as each supplementing the other, except where this act shall 
provide a different procedure from the first act, in which case to pro- 
visions of this act shall govern. Nothing in this act shall be construed 
as affecting or impairing any contract right secured by any contractor 
under the act mentioned in section one of this act, but all such contracts 
are hereby declared to be, and are hereby made binding on the State to 
the same extent as they would have been had this act not been passed. 

Sec. 16. Whereas, an emergency exists for the immediate taking 
effect of this act, therefore it shall be in force from and after its passage. 



4i INDBX.if 



A. 

SEC. 

Accounts, Auditor keeps with Con- 
gressional Township . . 4327 
Auditor, keeps of land in an- 
other county . . . 4334, 4335 
Congressional Township of, how 

kept 4327 

Correction of Trustees' .... 4456 
Funds of divided Township 

4435, 4437 

Funds reported 4327 

Inspection of Trustees' . 4454, 4455 
Miscellaneous school funds . 4403 
Eecord of . . . • - 4441, 4442 
Acknowledgment of school mort- 
gagees n. 1, 4381 

Action. See Suit; 
Additional branches, examina- 
tion of teachers in . n. 7, 4425, 4502 
Voters determine . . . 4499 

Administration of school svstem 

4406 to 4464 
Adoption of text books. See Books. 
Advertisement of unloaned funds. 4369a 

For school book bids. See Books. 
Anticipation of revenue n. 8, 4441 ; 

n. 1, 4442; n. 1, 4470; 4487a 
Apparatus, i rustee provides 4444 

See Furniture 

Appeals from director to Trustee. 4.'^06 
Expulsion of pupil . • . n. 1, 4506 
Appeal to County Superintendent 

from Trustee ' 4537 

Contracts concerning . ■ n. 3, 4537 
Courts, jurisdiction of . . . n. 3, 4537 
Dismissal of teachers . . . n. 3, 4537 
District, abolishing . • n. 7, 4499 

Final. . 4537 

Joint graded school - n. 1, 4446 

Jurisdiction of courts . n. 3, 4537, 4429 
Location of school house . n. 4, 5, 4499 
Notice of . .... n. 1, 4537 

Power of Superintendents . . 4537 

Private schools n. 3, 4509 

Procedure n. 1, 4537 

Eight to bring action, does not 

prevent 4429 

Transfer n. 1, 4473 

Trustee's discretion . . . . n. 5, 4499 
Witnesses n. 1, 4537 



Appeal to State Superintendent Sec. 
4429, 4538 

Bond n. 1, 4538 

License, refusal to grant . n. 11, 4425 

Notice of n. 1, 4538 

Procedure n. 1, 4538 

Rules 4538 

Time n. 1, 4538 

Transcript n. 1, 4538 

Trial n. 2, 4538 

Witnesses n. 1, 4538 

Apportionment of County Audi- 
tor 4486 

Basis of 4432 

County Superintendent's duty 

as to 4432 

District tq, not made . • n. 3, 4499 
Dog fund. See Dog fund. 
Instructions to County Auditor, 

n. 1, 4479 
Method of making is valid . n. 1, 4486 
Report of State Superintendent 4486 

Rule for making n. 4, 4486 

Town recently incorporated, n. 5, 4486 
Validity . . . n. 1, 4486 

Apportionment of loans .... 4402 
Apportionment by Trustee among 

schools of township . . . n. 3, 4499 
Appraisement of school lands for 

sale 4344 

Forfeited lands 4394a 

Lands offered for mortgaging, 

4371, 4372 
Lands remaining unsold . . . 4352 
Reappraiseraent. • . 4352, 4394a 

Appropriations, permanent, 

4408, 4412, n. 1, 4423 

State Normal 4558 

Appropriations by County Com- 
missioners because of deficit. 

n. 2, 4326, 4399 
Deficiency in sale of lands . . 4394b 
Assault and battery, teacher may 

be guilty of n. 1, 4501 

Teacher assaulted may recover 

damages for ... n. 2, 4502 

Astray fund belongs to schools . n. 1 , 4325 
Attorney, State Superintendent 

may employ n. 2, 4413 

Fee of, countv must pay, 

n. 5, 188; n. 4, 4326 



202 



SCHOOL LAW OF INDIANA. 



SEC. 

Attorney-General, power to bring 

suit . . . n. 1, 4435 ; n. 3, 4326 
Auditor of county, acknowledg- 
ments may take 4379 

Accounts of Congressional 

Township, keeps 4327 

Appoints Township Trustee, 

when 4440 

Apportions revenues in county 4486 
Bids mortgaged lands in . . . 4393 
Bond of Trustees, approves . • 

4439,4440 
Bond of County Superinten- 
dent, approves 4424 

Casting vote, gives, when . . . 4424 
Certificate of sale issues when 

old one lost . . . 4360 

Deed for land sold, makes . • 4395 
Duty as to Congressional funds 

4333 to 4337 
Duty as to transfer . . . n. 5, 6, 4473 
Duty in election of County 

Superintendent . . . n. 3, 4, 5, 4424 
Fees for making loans .... 4382 
For transfer of Congressional 

Fund 4337 

For sale of land . . 4345 ; n. 2, 4391 
Income of land, reports of, re- 
ceived by 4328 

Interest, duty as to when un- 
paid n. 2, 4334 

Loans funds 4370, 4381 

Loans to himself void . . n. 2, 4334 
Miscellaneous ivind account, 

distributes 4403 

Notice of deficit 4326 

Of sale of lands ._ 4391 

Oaths, every administer . . . 4379 

Penalty for failure to report . . 4481 

As to miscellaneous fund . . 4405 

Eelator in suits, when n. 1, 4390 

Eeports, condition of funds 4398 

Of land in adjoining county. 4336 

Of revenue for apportionment 

4478, 4479 
Eesale, makes of land . . . 4347, 4351 
Sells mortgaged lands . . - 4383, 4392 

School lands 4345 

Statement as to number of chil- 
dren 4333 

Suits, brings for deficits . • 4355, 4390 
To recover possession of lands 

mortgaged . . . 4383, 4383a 

Tax extends on duplicate 4468 

Trustees' books, examines . 4454, 4455 
Warrant draws for borrowed 

funds 4387 

Waste, suit brings for .... 4350 
Auditor of State, draws warrant 

for countv funds 4484 



For expense of State Board of 
Education 



B. 



44i 



Ballots for sale of lands, kind. . 4341 
Bank tax, part of school fund. 183, 4325 
Bank stock, taxing . . . . . n. 5, 4467 

Bequests to schools 4514 

Bonds to aid 4513 to 4516 

Will, sufficiency of . . . . n. 4 , 4437 
Bible, not excluded from school . 4493 

How used n. 1, 4493 

Blanks, State Superintendent pre- 
pares 4415 

Furnishing County Superin- 
tendent with . . n. 2, 4433 
Board of County Commissioners, 
accounts of Trustees exam- 
ine 4454, 4455 

Boundaries of township de- 
fine n. 1, 4331 

Deficit in funds made up . . . 4326 
Dismiss County Superintend- 
ent 4324 

Examine report of Auditor 

and Treasurer 4399 

Interest, pays up 4326 

Lands, order sold 4345, 4368 

Beport concerning loans, make 4400 
School-house, can not build, n. 1, 4514 
School taxes, no control over, 

n. 3, 4467 
Special sessions, power of at, 

n. 12, 4441 
Board of Education. See County 
Board of Education, State 
Board of Education, and 
School Commissioners. 

Bond on Appeal . 4538 

Bond, borrowed money, does not 

cover n. 1, 4440 

School Board's 4439 

School Trustee's 4440 

Superintendent of County of . 4424 

Woman's 4541 

Bonds, for library building . . . 4527d 
Tax to pay ... ... 4527e 

Bonds, for school buildings . . . 4488 
Basis of valuation for issue . n. 3, 4488 
Bequest to aid in building, 

4514 to 4516 

By whom issued n. 2, 4488 

City may sell 4488 

Consent of Council necessary . 4491 
Constitutionality of law ■ . n. 7, 4488 
Contract for ground, authorizes 

issuing of n. 1, 4488 

Donations to aid .... 4514 to 4516 
Excessive indebtedness . . n, 6, 4488 



SCHOOL LAW OF INDIANA. 



203 



SEC. 

Bonds, in large cities . . ; . . 4464a 
Legalizing issue of . . . . n. 6, 4490 
Liability of Trustees for . . n. 4, 4488 

Limit of issue n. 3, 4488 

Proceeds of, use 4489 

Purchase of land, can not 

issue for . .... n. 5, 4488 

Sale by Township Trustee . 4516 
School . Commissioners may 

issue 4460, 4464a 

Special tax to pay 4490 

Surplus revenue paid on . . ■ 4492 
Township Trustee may issue, 

when 4514 to 4516 

Towns may sell . . 4488 

Transferees taxed to pay ■ . n. 5, 4490 
Void, not, school house located 
outside of town . 

n. 8, 4488 ; n 5, 4490. 
When may be issued n. 8, 4441 

Bonds, State may issue to pay 

debt 4405a 

Cancellation of old bond . . . 4405c 
Distribution of fund raised . . 4405d 
Effect of issue. .... 4405b 

Preservation of fund by counties 4405e 
Surplus from sale . . . 4405c 

Books, advertising for bids. . ^2, p. 187 
Advertising for manuscripts . O, p. 193 
Affidavit of bidders . . . §2, p. 187 
Appropriations for expenses, 

gl4, p. 192; ?6, p. 196 
Attorney's fees, when recover- 
able . 29,p. 190; §11, p. 191; ?7, 
p. 196; ?9, p. 197 
Bids to furnish . § 2, p. 187 ; ?1, p. 193 
Conditions of . 1 2, p. 187 ;'il,p. 193 
Investigation of, 

22, p. 188; §1, p. 193 
Opening of . • § 3, p. 188 ; § 1, p. 193 
Rejection of . § 2, p. 187; § 1, p. 193 

Bidder, interest of ? 2, p. 187 

Bond of County Superintendent, 

§10, p. 191; g8, p. 196 
Branches of study . . - . 1 1, p. 186 
Cash, sold for. ..... 1 7. p. 189 

Change of. 4436 

Constitutionality, act of 1889, 

is _ .n.l,§2, p. 187 

Contract for printing manu- 
script . . . . H, P- 188 
Not to be impaired. . . § 15, p. 199 
State not liable on . ?3, p. 188 
Contractor, damaged books 

charged with . . . . § 12, p. 199 
Payment of . § 5, p. 189 ;? 11, p. 197 

Eeportsto ? 11, p. 197 

Requisitions upon. . . . § 7, p. 196 

Eeshipment to §3, p. 194 

Ships books . §7, p. 189 ; § 12, p. 197 



SEC. 

Copyright, gift to State . • ? 2, p. 187 
County Board of Education 

considers 4436 

County Superintendent, laws, 

distributes ... § 14, p. 199 
Liability for failure to re- 
port §11, p. 191 

Makes requisitions for. . §7, p. 189 
Notifies Trustees . . . . 1 7, p. 189 
Reports to contractor . .§11, p. 191 

Sells. . _ §7, p. 189 

Suits, brings • ... §9, p. 190 
Damaged, returned to con- 
tractor . § 12, p. 197 

Debt, can not be contracted 

for by Trustee . . . . § 3, p. 194 
Defective, returned to con- 
tractor § 12, p. 197 

Effect of act of 1889 . . . n. 5, 4436 
Embezzlement, 

§13, p. 192; §10, p. 197 
Excessive charge for, penalty . 

§ 12, p. 192 

Free, when § 4, p. 195 

Furnishing § 7, p. 189 

Gift to State § 2, p. 187 

Grading § 1» P- 186 

Grammar, advertisement for . 

§ 1, p. 193 
History of United States, ad- 
vertisement for. . . . § 1, p. 193 
Interest of bidders . . . § 2, p. 187 
Kind and requisites. . . § 1, p. 186 

Labels for § 13, p. 198 

Laws, distribution of . . . § 14, p. 199 
Legislature may provide . n. 16, 4425 
Number required, certificates 

to. . _. -§7, p. 189 

Old books, disposition of. . §7, p. 189 
Orders for . § 7, p. 189 ; § 2, p. 194 
Packages of, not to be broken, 

§12, p. 197 
Partisan, forbidden . . . . §1, p. 186 
Pay of contractor, 

§5, p. 189; §3, p. 194 

Of Trustee §5, p. 195 

Payments, failure to make. § 10, p. 197 
Report concerning §5, p. 195 

Physiology, advertisement for, 

§1, p. 193 

Poor receives free - . n. 11, 4444; § 1, 

p. 186; §2, p. 187; §4, p. 195 

Preserved by Trustee, how. § 12, p. 197 

Price furnished at to State, 

§3, p. 188; §l,p. 193 

To patrons §7, p. 189 

Printed on cover . . . . § 13, p. 198 

Trustee liable f or . . . . § 7, p. 189 

Printing, contracts for. . . §4, p. 188 

Proclamation of Governor . § 6, p. 189 



204 



SCHOOL LAW OF INDIANA. 



Books, publishing, State may . 2 4, p. 188 
Receipts tor books, 

g 7, p. 189 ; f. 3, p. 194 
Repeal of laws ?7, p. 196 

Report of sales ... i^ 3, p. 194 

Report of sale, failure to make, 

'id, p. 190; ^7, p. 196 
By County Superintendent, 

'i 9, p. 197 
By Trustee . . . . . . . ? 8, p. 190 

To contractor . . . . ?11, p. 191 

Requisitions for books . ^11, p. 191 
Limited . ... i* 2, p. 194 

Sectarian forbidden ... ^ 1, p- 186 
Shipment, bow made . . (^12, p. 197 
Size. . H,V- 186 

Spellins;-book, advertisement for, 

U, p. 193 
State Board of Education a 
Board of Commissioners, 

i 1, p. 186 
Duties . . ^ 1. p. 186; I 1, p. 193 
May sell old books . . ^7, p. 189 
State Superintendent makes 

requisition for books. ■ ^7, p 189 
Prints and distributes laws, 

H4, p. 199 
Suit against Trustee. '^7, p. 196 

Against County Superin- 
tendent . . .* ^9, p. 197 
Supijlementalactof 1891 . ^15, p. 199 
Trustee certifies number re- 
quired . . . . . i; 7, p. ]S9 

Compelled to use . . n. 2, ^ 8, p. 190 
Damaged, returns . . . ^12, p. 197 
Furnishes patrons. . . . ^ 7, p. 189 

Liability concerning . 'i 7, p. 196 
Over-charging. . . ? 12, p. 192 

Pay. . . 'H, p. 195 

Payment over of money re- 
ceived . ... §8, p. 190 

Pei-sonal liability . . . . ^3, p. 194 

Procures books . • . -^8, p. 190 
Reports payment . . ? 5, p. 195 

Reports number on hand, 

'i 5, p. 195 

Reports number sold . . ?3, p. 194 

Requisitions for, makes . ? 2, p. 193 

Uniform use made of. . Ol, p. 197 

L^se of, to be uniform . . ? 11, p. 197 

Boundaries of Townships, how 

regulated . . . 4331 

Branches taught, district meetings 

determine 4499 

German 4497 

What shall be taught . . . 4497, 4499 
Buildings. See house. 
Bureau of Statistics. County 
Superintendent fnrnishes sta- 
tistics to . . n. 3, 4431 ; n. 4, 5, 4433 



Calendar, as to term, week, month . 4495 
Care of school property n. 16, 17, 
4444 ; n. 5, 4509 
Cash sales of school lands . n. 1, 4393 
Certificate of liens on land . . 4375 
Of purchase . 4353, 4366, 4357, 4360 
Charts, County Board of Educa- 
tion considers 44.')() 

Children, age of . .... 4472 

Colored, how provided for . . 449(i 
Enumeration of 4430, 4433, 4472, 

to 4476 
Claims, payment of, enforced by 

mandate n. 7, 4442 

Classification of schools. . . n. 4, 182 

Of pupils n. 14, 4444 

Colored childi'en, convenient 
schools, entitled to, 

n. 5, 182 ;n 2, 4496 
Discretion of school officers, 

n. 4, 4496 
Distinction can not be made 449H 

Enumeration of . . . u. 7, 4472 

Equal privileges must have. n. 3, 4496 
(iraded schools may attend . . 44;)() 
Laws concerning, valid . . n. 1, 4496 

Scbools for . 4496 

Separate schools for . . . . n. 9, 4466 
Mandate to compel . - n. 4, 4496 
Permitted . . . . n. 5, 4496 
Commissioners. See Board of 
County Commissioners and 
Scliool Com m issioners. 
Common Council, authorizes is- 
sue of bonds for . . . 44S8 
Appoints school boards . . . 44,';9 
Levies local tuition tax . . n. 1, 446!t 
Conditional deed - . . 4491 
Congressional township, account 

of, how kept . . 4327 

Apportionment of loans among 4402 

Boundaries of 4331 

Care of lands of . . - n. 16, 17, 4444 
Children in, enumeration of • . 4333 

Funds of 4325 to 4337 

Consolidated n. 1, 183 

Diminished, may not be . 4486 

Lands of " ■ 4328 to 4330 

Revenue from, how apportioned. 4480 
Contempts, fines for belong to 

school fund - ■ n. 7, 4325 

Contracts of trustees, generally, 

n.'l3, 4444 
Benefit to township, must be 

n. 2, 4438e 
Complaint on, what must show, 

n. 18, 4337 
County Boards of Education 
can not make • • • ■ u. 3, 443G 



SCHOOL LAW OP INDIANA. 



205 



Contracts of trustees — con. sec. 

Dictionaries, purchase of . n. 12, 4444 
Employment of teachers . n. 19, 4437 
House, school trustees make, 

n. 2, 5, 4437 

How made n. 13, 4444 

Intent to bid township . n. 3, 4437 

Maps n. 12, 4444 

Notes. See Notes. 

Old board may bind new board 

by n. 13, 4439 

Power to make 4437 ; 4438 

Teachers. See Teachers. 
Township Trustee's power to 

make. n. 11, 4438 

Contributions to joint schools, 

n. 3, 4436, 4513 
Coroner, property found on dead 

bodies n. 13, 4325 

Corporal punishment . . . . n. 9, 4501 
Corporations may be assessed for 

schools • . 183 

City is for school purposes . . 4488 
Designations in suit . . . n. 3, 4438 
School district for civil, 

n. 2, 4437 ; n. 6, 4438 
Town is for school purposes . 4438 
Costs, when not allowed in suit . 4535 
County liable for school fund . n. 5, 4326 
School house, can not build . n. 5, 4517 
County Auditor. See Auditor. 
County Board of Education, mem- 
bers of 4436. 

Acts of 1889 and 1891, effect of, 

n. 5, 4436 
Adjourned meetings. . . . n. 1, 4436 

Adoption of books n. 4, 4436 

Contracts can not make . . n. 3, 4436 
County Superintendent pro- 
vides 4436 

Course of study n. 2, 4436 

Duties 4436 

Meetings n. 1, 4436 

Quorum . n. 2, 4436 

Rules, prescribing . . - - . n. 2, 4436 
County Commissioners, County 

Superintendent, removes . . 4324 

Deficit make good n. 2, 4326 

Funds, examine reports of . . 4399 
Eeport condition of funds . 4336, 4400 
Sales of land ordered by ■ n. 1, 4345 
School houses, can not build, 

n. 1, 4514 ; n. 5, 4517 
School taxes, no control over, 

n. 3, 4467 
Sessions to receive reports, 

n. 12, 4441 
Settlement with school officers . 4399 
Trustees' accounts, inspects, 

4454, 4456 
Trustees, may remove • • ? . 4456 



SEC. 
County Institute, see Institute 

(county). 
County Seminary, can not pur- 
chase n. 7, 4438 

County Superintendent, accounts 

of Trustees examines 4454, 4455 
Address of, sent to State Super- 
intendent . . ... 4424 
Agents for sale of books, can 

not be 4424 

Allowance of claim, effect . n. 3, 4433 
Appeal to and from. See Appeal. 
Appointment by Auditor . . n. 3, 4424 
Apportionment, superintends, 

4432, 4434 

Blanks for n. 2, 4433 

Bond and approval, 

4424, and n. 24, 4424 
P'ailure to give. . . . n. 24, 4424 
Under acts of 1889 and 1891, 

HO, p. 191; ?8, p. 196 
Books. See Books. 
Chairman of County Board of 

Education ... - . 4436 

Charges preferred against. . . 4424 
City schools, has no control over, 4429 

Claims, collects 4435 

Compensation 4433 

Course of study, when, may 

arrange . . . . n. 5, 4429 

Deprived of office, can not be, 

n. 4, 4424 
Dismissal, appeal fi'om . . n. 9, 4424 

Duties, generally 4429 

In examination 4425 

As to school fund 4435 

Legislature may prescribe, 

n. 6, 4436 
Election, when - . . . 4424 

Acquiescence in election of, 

n. 14, 4424 
Appointment for city, regu- 

laritv of n. 17, 4424 

Auditor voting . . . n. 20, 21, 4424 

Ballots n. 13, 4424 

Casting vote 4424 

Chairman, Auditor voting 

for n. 21, 4424 

City Trustees can not vote 

for n. 23, 4424 

De jure officer n. 22, 4424 

Disputed 4424 

Evidence of n. 13, 4424 

Illegal vote n, 18, 4424 

Meeting of Trustees to elect, 

n. 3, 4424 

Mode of 4424 

Quorum necessary . . . n. 2, 4424 

Record of u. 12, 142! 

' Kegularity of, . . .. . . n. 8, 4425 



206 



SCHOOL LAW OP INDIANA. 



SEC. 

County Superintendent, election 
reported to State Superin- 
tendent 4424 

Tie . ... n. 20, 21, 4424 

Town Trustees can not vote 

for n. 24, 4424 

Trustees elect 4424 

Failure to elect . . . . n. 3, 4424 
Trustee voting for himself, 

n. 18, 4424 
Present and not voting, n. 19, 4424 

Who elect him 4424 

Elevates standard of schools 4429 

Eligibility . . • • n. 6, 4425 

Enumeration, duty to make . 4431 

Examines teachers 4425 

Fines, collects 4435 

Forfeitures, collects 4435 

Institute, holds 4523 

Interest, collects .... 4434, 4435 

Laws, distributes . . . . ^4, p. 199 

Liability for refusing license, 

n. 16, 4425 
Libeling ......... 

License fees, may collect . . 4435 
Licenses. See Licenses. 
Mandate to compel surrender of 

records . n. 15, 4424 
Member of Board of Educa- 
tion 4436 

Mileage, not entitled to . .. n. 1, 4433 

Oath 4424 

Office for n, 10, 4424 

Opinions, gives ... . 4429 

Orders of State Boards, carries 

out 4429 

Ousting from office . . . . n, 4, 4424 

Pay .... 4433 

Powers of, not judicial . n. 16, 4425 

Postage n. 2, 4433 

Private examinations, can not 

make. ... 4427 

Private schools, reports con- 
cerning . . n. 2, 4431 

Qualifications of 4424 

Receipt, takes from successor 4428 
Recognition by State Supei'in- 

tendent, effect . . . . n. 7, 4424 

Recognizance, collects . . 4435 

Record, keeps ... ... 4428 

Proof of contents of . . n. 2, 4428 
Records, examines. ■ . . 4435 

Report of apportionment . . . 4432 

Contracts 4431 

Failure to make 4431 

Special 4431 

Statistics .... ... 4431 

To State Board of Education 4428 

Transfers. 4468 

Resignation, withdrawal. . n 16, 4424 



SEC. 

Revokes license 4426 

School examiner, duties of, jser- 

forms ... .... 4424 

Stationery, furnishing . . . n. 2, 4433 
Statistics, reports, 

n. 3, 4431 ; n. 4, 5, 4433 

Suit, institutes 4435 

Teacher, examines 4425 

Term ._.._._. n. 11, 4424 

Township institutes, attends . 4429 
Vacancy in office ...... 4424 

Visits schools '. 4429 

Duty to make n. 2, 4429 

Number . . n. 1, 4433 

Women ineligible to office of, 

n. 1, 4540 
Course of study, how prescribed, 

n. 2, 4436 

By County Superintendent . n. 5, 4429 

By Trustee n. 14, 4444; n. 5, 4429 

Courts, jurisdiction of . . . . n. 3, 4537 

Not abridged by school law. . 4429 

D. 

Damages, Trustee liable for 10 

per cent. . 4441, and n. 7, 4441 

Dead bodies, property on belongs 

to schools n. 13, 4325 

Debts for future supplies. . . n. 8, 4441 
Complaint to recover . . . n. 8, 4441 
Liability of township upon . n. 8, 4441 

Limit of n. 7, 4467 

Order of County Commission- 
ers to create .... n. 11, 4441 
Orders without consideration, 

n. 8, 4441 
Tax to pay 4471 

Deed, evidence of what . . . n. 2, 4395 

Forfeited bonds 4395 

Recording n. 1, 4395 

Sale. See Sale. 

Tender of n. 3, 4395 

Trustee, execution, sale of 

school-house 4511 

What is a conditional deed, 

n. 4, 4508 ; n. 1, 4511 

Deficit on foreclosure of mort- 
gage . 4326 

Dictionaries, purchase of . . n. 12, 4444 

Director, appeal from 4506 

Appointment 4498 

Death n. 2, 4498 

Duties 4503 

Election 4498 

Excludes pupil 4505 

House, has charge of 4504 

.lanitor, employs n. 3, 4504 

Local agent, acts as . . . . n. 1, 4503 
Meetings, presides at. . . . . 4503 



SCHOOL LAW OF INDIANA. 



207 



Direetoi- — Continued. sec. 

Oath 4498 

Eemoval 4498 

Kepairs, makes ....... 4504 

Eesignation n. 2, 4498 

Selection . . . , ' n. 2, 4498 

Term of office n. 3, 4498 

Vacancy 4499 

Visit schools 4505 

Discipline, teachers' powers . n. 4, 4505 
Conduct out of school . . n. 4, 4505 
Corporal punishment . . . n. 6, 4501 
Distance to school must be reason- 
able n. 2, 4496 

Districts, abolished, 

n. 21, 4444 ; n. 7,4499 ; n. 1, 4437 
Choice of by patron . . n. 4, 4472 

Corporation, was not . . . n. 3, 4499 
Council creates in a large city, 

4458, 4460 

Meetings in n. 1, 4499 

Called . . _ 4499 

Persons forming 4472 

Voters . .... 4498 

Distribution of fund 185 

Ditch, liability of school land for 

construction - . . n. 3, 4339 

Divided school section, what 

Trustee manages. . 4330 

Transfer of power of . . 4332 to 4336 
Division of revenue on formation 

of town . . n. 5, 4486 

Dockets, County Superintendent 

examines 4435 

Dog fund 4487a 

Distribution. . . . n. 2, 4487a, 4487b 
Explanation concerning . n. 1, 4487a 
Mode of distribution . n. 2, 4487b 

Surplus. . . . 4487a 

Town, when, may take from 

Township ... n. 3, 4487b 

Donations to build school house . 4514 

Bonds to aid ... . 4514 to 4516 

Doors must swing outward . . 4500a 

Locking for morning exercises, 

n. 26, 4444 
Drainage, school lands not liable 

for assessment of n. 3, 4339 

Elections. See Sale. 
Embezzlement, liability for school 

books ?9, p. 190, §7, p. 196 

Mixing funds. . n. 3, 4442 ; n. 1, 4441 

Use of money is not . . . . n. 3, 4440 

Employment of teachers .... 4444 

Eminent domain, to appropriate 

land for school house . 4517 to 4519 
Enumeration, age of pupils 

enumerated 4474 

Attachment to schools .... 4472 
Charge of schools, when al- 
lowed 4472 



SEC. 

Choice of schools . . . - n. 4, 5, 4472 
Colored pupils • ; • 4472, n. 7, 4472 
Congressional in Township, 

number in 4333 

County Superintendent takes . 4430 
Detaching from schools - . n. 4, 4472 

Districts formed by 4472 

Failure to make effects revenue 4431 
Filed with County Superinten- 
dent 4475 

How made 4472 

Minor, when of age . . n. 1, 4472 

Non-resident pupils . . . . n. 3, 4472 
Oath as to. .... 4475 

Report as to Township in two 

or more counties 4476 

Residence of minor ... n. 2, 4472 
Special report as to Congres- 
sional township n. 1, 4476 

State Superintendent's report 

concerning 4409, 4410 

Township in two or more 

counties . . 4476 

Transferred person included, 

4472, n. 6, 4472 

Trustee makes 4472 

When made 4472 

Who may be enumerated . n. 1, 4472 
Young children under six . n. 8, 4472 

Escheated lands n. 8, 4325 

Estimate of expense of building 4500 
Estoppel, acquiescence in, sale of 

school lands - . n. 1, 4354 

Indebtedness, contesting . n. 15, 4437 
Estray fund . . . . n, 5, 4325 

Examination, additional 

branches n. 7, 4425 

Amusement, not for . . n. 10, 4425 
Conduct of n. i 4427 

County Superintendent makes 4425 
Evidence of character . n. 2, 10, 4425 
Incompetency to govern school, 

n. 10, 4425 
Judicial act in granting license, 

n. 16, 4425 
License. See License. 
Private, forbidden . . . 4427 

Professional license - 4472 ; n. 9, 4425 

Public, must be 4427 

Record of license 4428 

Special fitness. • . n. 4, 5,4425; 4502 

Traffic in questions 4421a 

When held. .... n. 1, 4427 

When not necessary 4425 

Execution of process 4536 

Expenditures, record of kept by 

Trustee 4441, 4442 

Expulsion of pupil 4505 

Offi^red from 4506 

By Trustees of city or town . n. 1, 4505 



208 



^CMOOL I,AAV OF INDIANA. 



Expulsion, teacher. See Teacher. 

Truancv n. ], 2, 4505 



Fees, deducted from school fund, 

can not be . . n. 3, 4, 4.325 

Auditor, for transfer of Con- 
gressional funds . . . 4337 
Auditor's, for sales . 4345 
Can notbo deducted from school 

fund . . n. 6, 4325 

Loans, rate for 4382 

Part of tuition fund 4325 

Treasurer's, for sales . . . 4345 
Females' eligibility to school of- 
fice. . . 4540 

Bond. 4541 

Validity of law . . . . n. 1, 2, 4540 
Fines belong to school fund . 183, 4325 
Contempt fines belong to fund, 

n. 7, 4325 

County Superintendent collects 4435 

Fletcher, Prof , death of . . n. 2, 4406 

Forfeitures, belong to school fund 183, 

4325 
County Superintendent collects 4435 

Effect of n. 4, 4347 

Forms, State Superintendent pre- 
pares . 4415 

Book-keeping, superintends. . 4416 
Fuel, directo]-, furnishes . . . n. 2, 4504 

Fund, account of 4327 

Advertising for loaning . . . 4369a 
Attorney fees in protecting, 

countv pays n. 4, 4326 

Bank ta'x . " ....... 4325 

Bonds to supply deficiency in . 4405a 
Common school fund defined . 4325 
Congressional township . 4325 to 4337 
Corporations may be taxed for 183 
Countv liable for, 

186, 187, 4326, n. 5, 4326 ; 4405e 
Auditor may sue for .... 4404 

Commissioners, duties as to, 4399 

4400 
Dead body, money found on 

belongs to n. 13, 4325 

Deductions from, recoverable, 

n. 4, 6, 432 
Deficit in, notice of, 

n. 4, 4325 ; n. 2, 4326 
Deficiency on sale of land . . 4394b 
Diminished, shall never be ■ . 184, 

4325 

Distribution, and report as to 4404 

From another county . . 4334, 4335 

Enhancing n. 5, 4326 

Escheats 183, n. 8, 4325 

Estrav finds n. 5, 4325 



SEC. 
Failure to specifv in mortgage, 

n. 1, 4384 
Fees of officers, can not be de 

ducted from n. 3, 4, 4325 

Fines generally . . 4^25 

Forfeitures 4325 

How created . 183 

Interest reinvested, when . 186 

County must pay . 187, 4326 

Investnunt and distribution . 185 

Inviolate . 188 

Liquor license n. 10, 4325 

Loans of, interest . . . 4369 

Lost funds n. 1, 4399 

Mandamus to compel proper 

application . n. 11, 4325 

Miscellaneous fund, account 

of 4403 

Penalty for false tax list, . n. 4, 4325 

Policy "of the law n. 5, 4326 

Preservation by counties . . . 4405e 
Principal and increase of . . . 184 
Readjustment . . 4337 

Reinvestment for county, when 186 
Rents distributed . . " n. 1, 4328 

Report as to ... 4398, 4400, 4401 

Saline fund 4325 

(School lands belonging to, 

n. 1, 2, 4327 

Seminary fund 4325 

Separation of . . n. 1, 4327 

Sinking fund, interest of, to. . 4487 
State not liable to county for, 

n. 12, 4325 
State Superintendent super- 
vises . . 4408, 4109, 4410, 4411, 4413 

Suit for loss of n. 1, 4399 

Swamp lands 4325 

Taxes on corporations .... 4325 
Two distinct funds . . . . n. 1, 4325 
Wliat constitutes 183, 4325 

Furniture, County Board of Ed- 
ucation, duty as to .... 4436 
Indispensable articles - . a. 1, 4444 
Providing private school with, 

a. 7, 4499 

Tax for 4467 

Trustee provides n. 10, 4444 



G. 



Gas lease is an incumbrance n. 1, 4375 

General, laws must be . , . . 182 

German language taught . . . . 4497 

Duty compulsory n. 3, 4497 

License of teacher, 

n. 5, 4425 ; n. 7, 4497 
Governor, member of State Board 

of Education 4420 



SClioOL LAW OF INDIANA. 



20!) 



SEC. 
Graded schools, admission of pu- 
pils to n. 15, 4444 

Abandonment of, Trustees may, 

n. 23, 4444 

Buildings for 4446 

Definition of .... n. 14, 4444 

Management of 4446 

Pay of teacher of n. 15, 4444 

Power to organize . . . n. 14, 4444 

Purchase of land for 4446 

Title, how held 4446 

Trustees establish 4444 

H. 

Hanging doors 4500a 

Highway, taking school ground 

for. . . n. 9, 4438 ; n. 5, 4508 

Holidays, teacher paid for n. 7, 4501 
Houses, adjacent Township 

building with .... 4510 to 4512 
Appeal from location of, 

n. 5. 4.99; n. 6,4498 
District abolished . n. 6, 4498 

Appropriation of school ground 

for highway n. 5, 4508 

Bonds for in large city . . . 4460 

In city or town. . . . 4488, 4489 
Care of " . . n. 17, 4444 ; n. 2, 4510 
City can not pav for out of gen- 
eral fund ■ . . n. 3, 4447 
Civil town may build. 

4l71a, n. 1, 4471a 
Completion in city or tovn . . . 4488 
Condemnation proceedings for. 4517 

to 4519 
Conditions before building in 

city or town. . 4491 

Control of Township house 

within town . . n. 3, 4508 

County can not build, 

n.3, 4444; n. 1, 4514 ; no. 5, 4-517 
Custody of in Trustee. . n. 16, 4444 

Debts, tax to pay 4471 

Deed for, how made . . . . n. 1, 4511 
Disagreement as to building, 

by Trustees n. 3, 4517 

Doors of, swing out 4500a 

Extra territorial n. 4, 4o08 

Formation of toWn, effect upon, 

n. 2, 4508 
Fraud in letting contract . n. 4, 4517 
Fuel for . . . n. 2, 4504 

.Janitor for . . n. 3, 4504 

Pay of n. 3, 4S04 

Leasing, Trustee can not . . n 6, 4509 

Location . n. 9, 4444 

Appeal from n. 4, 5, 4499 

In eminent domain proceed- 
ings . . . . H. 1, 4517 
Is for Trustee alone . . n. 1, 4519 

1,4— ScH. Law. 



tiKC. 

Within limits of corporation, 

n. 5, 4490 ; n. 4, 4508 
Mandate to compel location. n. 6, 4499 
Mechanic's lien for construc- 
tion 102 Ind. 223 

Petition to sell 4499 

Possession of, who has . ■ . n. 1, 4501 
Removal, optional with Trus- 
tee 4499, 4500 

Repairing . n. 2, 4504 and 4504; 4499 

Voters direct 4499 

Sale of, when .... 4511 

School Coraraissioners may 

build ... . n. 2, 4460 

School house not owned by 

township . n. 22, 4444 

Site for, proceeding to obtain, 

4517 to 4519 
Special tax to build in city or 

town ... 4490 

Surplus special revenue in city 

or town 4492 

Tax for 4467 

Title to, how taken 4508 

Conditional n. 4, 4508 

When township changed, 

n. 1, 2, 4508 
Transferred, person taxed for, n. 4, 4438 
Trustee locates . . 4444 ; n. 4, 5, 4499 

Builds n. 2, 5, 4437 

Furnishes Qj 10, 4444 

LTse for religious purposes . 4509, n. 3, 
4509; 4510; n. 1,3,4510 

For private school 4509 

Iteport of Trustee concern- 
ing . .... n. 1, 4509 
Voters direct repairs to. . . . 4499 
Who builds n. 2, 4517 

1. 
Indiana University, appropria- 
tion for n. 3, 4402 

See State University. 
Indigent children, books for . ? 4, p- 195 
Injunction against cutting tim- 
ber 4346 

Prosecuting Attorney brings 

action for . . ■ n. 2, 4346 

Institute {county), allowance ior . 4521 
Pay of County Superintendent, 

n. 1, 4521 
Schools closed during .... 4522 

Sessions of 4523 

Institutes {toirmMp), attendance 

corapolsorv n. 3, 4520 

]\Ianner of holding 4520 

Monthly sessions 4520 

Pay for attending 4520 

Teachers must take part in . n. 2, 4520 
Trustee, notifies teacher of . n. 1, 4520 



210 



SCHOOL LAW OF INDIANA. 



SEC. 

Interest, accounts of, how kept . 4327 
Board of County Commission- 
ers, looks after 4399 

County liable for, 

4326, 4434, n. 4, 4434 
County Superintendent may 

collect . _ . . 4435 

Payments of, Superintends . 4434 

Failure to pay 4383 

Judgment, rate on . . n. 3, 4369, 4390 
Money unloaned, county pays 

on n. 5, 4326 

Eate of 4369, 4393 

After maturity of mortgage, 

n. 12, 4392 
On deferred payments, 

n. 4, 43-16 ; n. 4, 4369 
Rebate, illegal. . n. 2, 4869 
Sinking fund, interest of, dis- 
tributed . ... 4487 
State Superintendent may col- 
lect . 4326 

Trustee may receive on funds 

and keep" n. 18, 4441 

When Trustee not entitled to 

on fund n. -), 4440 

Investments unsafe, duty to . n. 1, 4400 

J. 

Janitor, teachers entitled to . n. 3, 4504 

Pay of n. 3, 4504 

Joint graded school, adjacent 

township building with. . . 4513 
Establishment n. 1, 4446 

Management n. 2, 4446 

Title, how held _ ■ ■_ ■ n. 1, 4513 
Trustees act as individuals, n. 2, 4446 
Judgment against Trustees, dam- 
ages ... 4441 

Kind in actions on loan . • 4390 

Lien on land held by certificate 

n. 1, 43^3 
Eate of interest upon . . . n. 3, 4369 
Judicial notice, name of township 

n. 10, 4438 
Of substitution of school sec- 
tions n. 4, 4328 

Jurisdiction of courts over school 

matters n. 3, 4537 ; 4429 

K. 

Kindergartens 4447a 

Knowledge and learning essential 

to a general government . . 182 

L. 

Landlord, Trustee of township is 

of school lands 4338 



SEC. 

Lands, appraisement for school 

houses. . ■ • . • 4517 to 4519 
Congressional township, man- 
agement of 4444 

Custody _. . . 4328 

Of divided school section . 4330, 

4332 
Divided school section .... 4330 
Drainage law, effect upon . n. 3, 4339 
Income, report of Trustee . . 4328 
Landlord, Trustee has power of 4338 

Leasing 4329 

Sale of. See Sale. 
Substituted lands, judicial no- 
tice of n. 4, 4328 

Taxing when sold 4364 

Timber lands, conditions as to 4346 

Large city, School Commission- 
ers has . . ....... 4458 

Laws, publication of ... . 4417, 4418 

Leasing school land . . 4329 ; n. 1, 4329 
Gas lease is an incumbrance, 

n. 1, 4375 

Lecturing, State Superintendent 

does . . ... 4411 

Legalizing bonds n. 6, 4490 

Sale of lands n. 1, 4367 

Surplus special school revenue 4448 

Library in city and toivn . . . 4460, 4524 
Bonds to construct in large city. 4527d 
Commissioners establish . . . 4460 

Documents for 4418 

Free 4524 

Management 4436 

Eealtyfor 4527d 

Eules for .... ... 4524 

State prison, books for ... . 4528 

Tax to maintain . . 4524, 4525, 4527a 

Library (fownship), books for . . 4527 
Distribution of books for . . . 4528 

Documents 4418 

Families may use 4531 

Open when 4533 

Pay of Librarian n. 1, 4532 

Place where kept 4532 

Eule as to use of 4530 

State prison, books use .... 4528 

Tax to support n. 2, 4527, 4533a 

In city of 30,000 ... 4527a 

Trustee has charge of ... . 4529 

License, additional n. 6, 4425 

Antedating n. 10, 4425 

Appeal, concerning. . . , n. 11, 4425 

Certificate, giving n. 3, 4425 

Effect of n. 17, 4425 

Consecutive n. 8, 4425 

Essential to employment, 

n. 1, 4501, 4501 

Examination for 4425 

In two counties . . . n. 15, 4425 



SCHOOL LAW OP INDIANA. 



211 



SEC. 

License, expiration during term 

of school 4501 

German, teacher of must have, 

n. 7, 4497; n. 5, 19, 4425 

Illegally issued n. 6, 4425 

Incompetent to teach . - . n. 13, 4425 
Judicial, act of issuing is . n. 16, 4425 
Length of time given for . . . 4425 
Liability of County Superin- 
tendent for repairing . . n. 16, 4425 

Life license 4422 

— Limited to county 4427 

Loss of certificate of . . . . n. 3, 4425 

Minors n. 3, 4501 

New list of questions . . . n. 12, 4425 
Principal of town school . n. 18, 4425 
Professional . . n. 2, 4422; n. 14, 4425 

Kecord of 4428 ; n. 2, 4428 

Revoking . ■ . 4426 ; n. 1, 4426 
School Commissioners may is- 
sue 4460, 4464 

Special 4502; n. 5, 4525 

State Board grants 4422 

Vested right in . . n. 2, 4426 

Licenses, fees from belong to 

county n. 10, 4325 

County Superintendent col- 
lects, when ... 4435 

Liquor licenses . . • . n. 2, 10, 4325 
Lien, gas lease is on land • . n. 1, 4375 
Of mortgage not recorded . n. 2, 4381 
Tax inferior to school mort- 
gage . . . . n. 4, 4383; n. 1, 4380 
Liquor license fees . . . . n. 2, 10, 4325 
Loan, abstract of title . . . 4370 

Acknowledgments and oaths . 4379 

Advertisement for .4369a 

Affidavit of borrower .... 4376 

Apportionment of 4^02 

Appraisement 4371, 4372 

(5f mortgaged lands .... 4378 

Appraisers 4372 

Auditor makes ..... 4370 

Loaning to himself n. 2, 4334 

- Bona fide purchasers . . - n. 1, 4381 

Bond to protect loan 4375 

■; Authority to make . . n. 1^, 4437 

Certificate as to liens . 4375; n. 1, 4375 

As to indebtedness . . . n. 15, 4437 

. ., Collection on default. • . 4383a 

.' Damages, when recoverable. . 4386 

Examination of 4399 

Execution against borrower. . 4390 
; Extra-territorial. ...... 4373 

' ^ Fees for making 4382 

•Fund specified 4402,4384 

Failure to specifv, efif'ect. 

n. 1,4381 
Inhabitants of county pre- 
ferred 4373 



SEC. 

Interest rate 4369 

Failure to pay 4383, 4390 

Judgment for deficiency, form 4390 
Eate of interest on . 4390 ; n. 3, 4369 

Liens 4375 

Bond to protect loan against 4375 

Certificate, as to 4375 

Gas lease is n. 1, 4375 

Priority of 4380 

Limit 4374, 4378 

Miscellaneous account .... 4403 
Mortgage, canceling . . . . n. 3, 4381 

Form 4385 

Fund specified 4402; n. 1, 4384 
Indorsement on, of payment 4389 

Kecording n. 1, 4381 

Registry of 4380 

Release of, without payment 

n. 2, 4389 

Satisfaction of 4389 

See Mortgage. 

Note, form of 4386 

Fund specified in 4402 

Sufficiency n. 1, 4386 

Suit on, by Auditor .... 4387 

Oath of applicant 4376 

Auditor may administer . . 4379 

Outside county 4373 

Payment by borrower .... 4388 
Auditor must not . . . . n. 1, 4388 
Made to County Treasurer . . n. 2, 

4388 

To borrower 4387 

Personal security can not be 

taken for. . . . . n. 2, 4370 

Preferred borrowers 4373 

Prior liens n. 3, 4S75 

Purchase money retained as . 4358 

Quietus on payment 4358 

Eate of interest 4369 

Eecord of mortgage ... 4380, 4381 
Eeport of County Commission- 

sioners on 4400, 4401 

Sale. '"*ee Sale. 

Satisfaction of mortgagej •. . . 4389 

State may make ....... 4405a 

Suit for (leficieney . ... 4390 

To recover possession - . - 4383 

Surplus on sale 4392,4394 

Tax title, priority of to lien . n. 3, 4380 

Time of. 4377 

Title papers. 4370 

A^oid, when n. 2, 4334 ; n. 1, 4370 

Warrant to borrower for money 4387 

AVhendue 4383 

Where may be made .... 4373 
Lotteries for schools, illegal . n. 14, 4325 
Lucrative office, city school 

trustee is. .... n. 1, 4439 

Town school trustee is . . . n. 7, 4439 



£12 



SCHOOL LAW or INDIANA, 



M. 



Mandamus, api:>lication of school 

funds . . ... n. 11, 4325 

Approval ol' bond n. 1 , 44"J1 

Convevuuee of f^ciujol-iiouse, 

n. 1, 4508 
Deliverv of books tu yuccessor, 

n. (J, 4i41 
Jilk'ctiou of Trustet'y compelled 

by .... nil, 4<.39 

Location of school-lionse . . n. 4, 4 i99 
Paviueni of cluiuis cnfo.rcGd 

by. . . n. 7,4!42 

Kecords, delivery of, 

ri. 11, 4439; n. 15, 4424 
Tuition, application of secured 

hy . " n. 2, 4471 

Manual training sc'nooL^, cstab- 

lisiinient of . . .... 4447d 

Kegulation concerning .... 4447e 

Tax to support 4447f 

Teau.liers for . 4447e 

Maps, contracts for are valid, 

n. 12, 4444 
County Board of Education 

considers 4436 

Mueliauic's lien, can not be ac- 
quired on school house. 102 Ind. 223 
Meetings, additional branches de- 
termined at 4499 

Annual, held 4498 

Cities and towns have none . n. 1, 4499 
Directors elected at . . 4498 

Election of teachers at. . . n. 2, 4444 
How called . ... 4498 

In cities and towns n. 8, 4501 

Legality of, how settled 4499 

Location of school houses . n. 4, 4499 

Notice of. 4499 

Petitions of, to Trustees 4499 

Protest against teacher. n. 4, 4501 

Eepairs to school house, directs 4499 
School hou.se, may ask for . 4499 
Studies, determined hy . . 4499 

Voters at. . . 4498; n. 1, 4198; 4499 
Mileage of Countv Superintend- 
ent . . " n. 1, 4433 
State Board of Education . . 4423 
Minor, employment of as a 

teacher n. 3, 4501 

Residence of • . . . n. 2, 4472 

Wlien of age . ■ n. 1, 4472 

Misapplication of funds, who 

liable. . . n. 10, 4441 ; n. 5, 4442 
Miscellaneous school fund, how 

kept 4403 

Distribution of - - . 4404 

Penalty against Auditor as to . 4405 
Mistake, correcting in Trustee's 

accounts 4456; n. 5, 4441 



SEC 

Money, conversion by school offi- 
cer n. 3, 44'*») 

Title to n. 2, 44^0 

Month, length of 44'tT5 

iVIortgage, action to cancel . . n. 3, 4381 
Appropriation for deficiency . 4394b 
Assign ment to s u b s e (j u e n t 

mortgagee .... n. 2, 43.li5 

Canceling n. 5, 4385 

Description of land . . . n. 3, 4385 
Form. .... 4385 

Fund specified in 4402 

Failure to specify in. . . n. 1, 4384 
Indorsement upon . . 4389 

Interest, rate on after maturitv, 

n. 12, 4392 
Lien of, prior to tax lien . . n. 3, 4380 

Merger of n. 2, 4^83 

Payment, release without. . n. 2, 4389 
Presumption as to ownership of 

land n. 4,438 1 

Priority of 4380 

Reappraisement of lands bid in. 4394a 
Recorded, when so considered, 

^^380 ; n. 1, 4381 
Registry of . n. 2, 4380 

Release without payment . n. 2, 4389 
Satisfaction, entry upon h. 1, 4389 
Subrogation of purchase under, 

n. 6, 4395 
Suit on note, effect . . . n. 2, 4394 
Tax title, superior to, 

n. 4, 4383 ; n. 3, 4380 
Taxes on land bid in n. 3, 4394 

Void, when. n. 2, 4334 ; n. 1, 4370 

Wife's signature n. 1, 4385 

See Loan. 
Music may be taught, 

n. 7, 4496 ; n. 6, 4497 
N. 

Neglect of duty by Trustee, pen- 
alty 4452 

Night schools ....... 4447b 

.Vge of pupils . . . 4447c 

Non-residents, admission to schools, 

n. 3, 4472 ; n. 4, 4490 

Payment of tuition tax . . n. 4, 4490 

Normal. See State Normal. 

Notes in borrowing school fund . 4386 

Fund specified in 4402 

Sufficiency n. 1, 4386 

Notes, authority to execute, 

n. 10, 14, 4437 

Bank deposits n. 3, 4437 

City may execute . . n. 10, 4438 
Can not give for county semi- 
nary . . n. 7, 4138 

Executed by Trustee without 

authority 4438q 



SCHOOL LAW OF INDIANA. 



213 



SEC. 
Notes, power to give . . . . n. 8, 4441 ; 
n. 19, 20, 4444 
School comoiissloEerri may give, 

n. 2, 5, _ Xj 

Void, M'hcn n. 12, 4437 

Notice of sale of land 4315 

To teachers of institute . . n. 1, 4520 
Numbering school houses. . . . 4494 

O. 

Oaths, administering . . . . n. 1, 4539 

Of applicant for a loan. . . . 4376 

School oHicer may ...... 4539 

Officers, women may be. . . . 4540 

Oil lease is an incumbrance on 

land . n. 1, 4375 

''"'pinions, Countv Superintendent 

gives ..." 4429 

State Superintendent gives, • . 4408 ; 
n. 2, 3, 4408 
P. 

Patrons of school, petition of . . 4499 
Protest against teacher . n. 4, 4501 
Selecting teachers, not author- 
ized to make . . . n. 2, 4444 
Pay of City or Town Superintend- 
ents n. 1, 4445 

County Superintendent, . . . 4433 
State Board of Education. - . 4423 
Payments to school fund, failure 

to make 4355 

Auditor of State pays to county 4484 
Indorsement on certificate . 4362, 4389 
Quietus for .... 4361, n. 11, 4392 

To whom made 4361 

Pauper. See Poor. 
Penalties, Auditor failing to re- 
port . . ... 4481 
County Superintendent fail- 
ing to report 4431 

Trustee, corrupt interest in 

contract. n. 13, 4444 

Embezzlement .... n. 3, 4442 

Failure to report 4450 

To serve 4453 

Neglect of duty 4452 

Petition of patrons 4499 

To sell land 4339, 4366 

Poor children, books for ■ . . 4496a 
County Commissioners provide 

for 4496b 

Enumeration of ... • n. 1, 4496a 
Matrons of orphan asylums, 

duties of 4496a 

Principals of schools, licensing 

n. 18, 4425 
Private schools, public funds can 

uot be used for .... n. 4, 4509 



SEC. 
Report concerning . . n. 1, 2, 4509 
School-house, used for .... 4509 

Process, hov/ served 4536 

Professional license 4425 

Property, title to . . - n. 12, 4438; 4508 
Sale of without, effect of . . . 4367 

Trustees use for 4444 

Sells, when ,. 4511 

Prosecuting Attorney, action for 

injunction, brings. . n. 2, 4346 

Investigates failure of litle . . 4367 

Sues Auditor 4405 

Suits, brings 4413 

Protest against teacher .... 4501 

Opportunity for n. 4, 4501 

Pupil, autliority of teacher over, 

n. 3, 4, 4505 
Corporal punishment of . . n. 6, 4501 
Detention alter school hours 

n. 27. 4444 
E.xpulsion of . . n. 1 to 4, 4504 ; 4505; 
n. ] . 4506 
Punisliment of - . n. 1, n. 6, 4501 

Refractory, expelling . . - n. 1, 4505 
Truant, expelling . . . . n. 2( 4505 
Purcha.se of laud, certificate of . . 4353, 

4365 
Rights of persons making. . . 4354 
Purdue University — 

Agricultural College, scrip for. 4662 
Amendment or repeal of law, 

as to 4670 

• Donations to 4665 

Funds of, how invested. . . . 4677 

Donations by 4665 

Purdue, John, privileges of . . 4669 

Location of . 4666 

Name, corpoi ate, of . 4667, 4668 

President, appointment of ■ 4674 

Member of State Board of 

Education ... • . 4420 
Scrip, sale and investment of . 4664 
Secretary, appointment of. . - 4674 
State Chemist, Prof, of Chem- 
istry in ■ . 4898 

Students, County Commission- 
ers appoint two 4675 

Nunjber, limited 4676 

Privileges allowed 4675 

Treasurer; appointment of . . 4674 

Bond and duties of . • - 4674 

.Trustees, appointment of . 4663, 4671 

Term of office ..... 4672 

Vacancies, how filled. . . - 4673 



Questions for examination, how 

prepared n. 1, 4421 

Traffic in. . . 4421a 



214 



SCHOOL LAW OF INDIANA. 



Quieting title, when can not be 

received . n. 11, •^392 

Quietus, Auditor issues 

4361; n. 11, 4392 
Repayment of loan. . '. . . . 4388 



E. 



Eaces, no discrimination between 

allowed. 4466 

Eeal estate, title to in scliool cor- 
poration 4508 

Keappraisement of lands bid in . 4394a 
Keceipts, record of kept by Trus- 
tee .. . 4441, 4442 
Record, appeals. . n. 1, 4537; n. 1, 4538 
County Board of Education . n. 2, 4436 
County Superintendent. . . . 4428 

Deed 4395 

Examination by County Su- 
perintendent 4435 

Mortgage 4380 

Receipts 4441, 4442 

Sale of lands 4340 

School Commissioners .... 4462 

Trustees . . 4442 

State Board of Education. . . 4420 

Transfers. . ■ n. 6, 4473 

Recorder, fees for making loans . 4382 

Redemption of forfeited lands, n, 5, 4347 

Junior incumbrances can not . 

n, 8, 4392 
Sale of school land . . n. 5, 4347 

Refractory pupil. See pupil. 
Relator, Attorney-General may 

_ be . . . . n. 3, 4326 

Religious belief not a subject of 

inquiry . n. 2, 4493 
Removal of County Superin- 
tendent . 4424 

Director 4498 

Scholar 4505 

School house 4499 

Teacher 4501 

Trustee. 4456 

Rents, deduction from tuition 

fund 4328 

How paid 4329 

Liability of county for . . 184 to 186 

Payable in advance 4329 

Report concerning 4328 

Repairs, voters direct 4499 

See Houses. 
Reports (of County Auditor) — 

Auditor to State Superintendent 4478 

Contents of ... 4479 

Failure to make . 4404, 4481 

Concerning school funds . . . 4398 

County Commigsipjjers exaruine 4399 



SEC. 

Division of funds of divided 

township 4336 

Natties of Trustee and County 

Superintendent. . 4424, 4440 
Revenue for apjjortionment, 

4478, 4479, 4486 
Reports {of County Commissioners) — 

Condition of funds 4400 

Recorded. ...... 4401 

Reports ( of County Superintendent) — 
Annual. ....... 4471 

Apportionment ... 4432 

Basis of Apportionment 4432 

Contents . . 4431 

Enumeration 4431 

Financial and statistical . . . 4450 

License granted . 4429 

Statistical 4431 

Transfers 4468 

Reports {of State Superintendent) — 

To Governor 4408 

To Legislature 4410 

May require reports of officers 4414 
Reports [of teachers) — 

Contents 4449 

Must make . . . 4449 

Penalty for not making . . . 4449 
Private school. .... 4509 

Reports (of trant-fers) — 

Must be made 4473 

Reports (o/ Trustees)— 

Annual 4443 

Contents ... . . 4441 
Copy filed with County Super- 
intendent .... 4441 
County Commissioners exam- 
ine 4399; n. 12, 4441 

Enumeration . 4475, 4476 

Financial and statistical . 4441, 4450 
Income of lands . . 4328 

Penalty for failure to make . 4451 
School land . . .... 4328 

To County Superintendent . 4450 
Re-sale of forfeited lands . . n. 1, 4347; 

4344 
Residence of County Superintend- 
ent .... ii. 6, 4424; n. 1, 4540 

Children enumerated . n. 2, 3, 7, 4472 

City or town school trustee . n. 4, 4439 

Resignation of teacher. . . . n. 8, 4444 

Trustee . . n. 3, 4 139 
Revenues, accounted for by Trus- 
tee .. . 4441 

Anticipating 

4442; n. 1, 4470; n. 8.4441 
Apportionment. See Appor- 
tionment. 
Distribution of, to counties . . 4484 
Division on formation of town 

D. 4, 4438 ; n. 2, 450§ 



SCHOOL LAW OF INDIANA. 



215 



Revenues, division between city 

and township. ... n. 8, 4438 

Dog fund. See Dog Fund. 
Equalization of State's, con- 
stituted . n. 3, 4328; n. 1, 4486 
Lands of surplus fund, how 

sold 4368 

Local tuition, how applied . 4469, 4470 

Special school 4467 

State's, how paid . . . n. 2, 4325 
Sui-plus, special school . . 4447, 4492 
Tuition revenue . . n. 2, 4442 

Use of State's n. 2, 4442 

Revocation of teacher's license. 

See License. 
Rules and regulations, adoption 

of. . . n. 24, 4444, 4460 ; n. 1, 4501 



S. 



Sale of mortgaged lands .... 4392 
Amount due, sale for more 

than . n. 7, 4392 

Appraisement, more than one 

n. 2, 10, 4392 
Appropriation to meet deticiency, 

4394b 
Amount, sale for more than 

due n. 4, 4393 

Bid in bv Auditor, when . 4393; n. 3, 

4393 

Cash, sale is for n. 1, 4393 

Construction of statute n. 6, 4392 

Credit, when can only be made 

upon 4393 

Deed for 4395 

When unnecessary 4397 

Division of lands sold . . n. 9, 4392 
Duty of Auditor in making, n. 3, 4393 

Law governing n. 1, 4383 

Manner of making . . . 4392 

Merger of mortgages in . . n. 2, 4383 

Notice of n. 1, 3, 4391 

Offer n. 3, 4393 

Parcels, sale of n. 9, 4392 

Payment of bid, to whom . n. 4, 4395 

Portion, sold n. 5, 4392 

Power to make n. 1 , 4392 

Quieting title ... . n. 11, 4392 
Eeappiaisement. . . 4352; n. 2, 4393 

439^ a 

Record of deed 4395 

Redemption, junior incum- 
brances can not n. 7, 4392 

Regularity of n. 4, 4392 

Reimbursing county. . . . n. 4, 4393 
Several tracts, how sold . . n. 9, 4392 
Statement and record of 

4396, n. 1, 4396 



SEC. 

Statute must be strictly fol- 
lowed . . . . n. 1, 4383 
Subrogation of purchaser . n. 6, 4395 
Suit for deficiency. . n. 4, 4390 
Surplus . - . 4392 ; n. 2, 4393, 4394 ; 
n. 3, 4, 4347 

Terms 4393 

Title of purchaser not war- 
ranted. . . n. 3, 4383; n. 5, 4395 
Wiien made. . . . . 4383 

Sale of school lands 4345 

Appraisement by Trustee. . . 4344 

Reappraiseraent 4352 

Auditor gives quietus .... 4361 
Auditor and Treasurer con- 
ducts 4345 

Ballots used in voting upon. . 4341 
Board of County Commission- 
ers, orders . 4345 ; n. 1, 4345 
Certificate of result of election . 4353 

Purchase 4353, n. 1, 4360 

Assignment . 4356 

Defective ....... 4357 

Purchase deed open .... 4357 

Effect 4353 

Lost 4360 

Recording 4353 

When delivered 4353 

Deed, how executed 4365 

Assignment of certificate . . 4367 
Not executed until full pay- 
ment 4358 

Recording 4363 

When issued 4353, 4363 

Election, as to .... 4339 to 4344 
Estopped to claims, sale void . n. 1, 

4454 
Fees of Auditor and Treasurer. 4345 
Forfeiture and resale .... 4347 

Effect n. 4, 4347 

How prevented 4347 

How made 4345 

Injunction to preserve timber . 4346 

Legalized 4364, n. 1, 4364 

Minimum price 4344 

Notice of election, for .... 4339 

Of sale 4345 

Order for 4344, 4345 

Over-plus n. 3, 4347 

Payment made at any time . . 4359 
Deferred, when reported . . 4346 
Indorsement of, when 4362 

Penaltv for failure to make . 4355 

When made 4361 

Petition for election .... 4339 

Recording . ... 4340, 4366 

Resale, not necessary, for. n, 3, 4344 
Sale without election .... 4366 
When necessary . . . . n. 2, 4339 
Withdrawing venue from.u. 1, 4366 



216 



SCHOOL LAW OF INDIANA. 



SEC. 

Sale of school lands, possession 

after sale 4354 

Private, by Auditor, when. 

4351; n. 1, 4351 
Purchase money is a loan, 

when 4358 

Purchaser, possession by . . . 4354 

Enjoined, when 4346 

Rights of, if title fails . . . 4367 
Waste, when liable for . . . 4349 

Quietus. 4361 

Receipt of purchase money. . 4361 
Purchase money in full. . . 4362 

Reappraisement 4394a 

Redemption n. 5, 4347 

Re-sale, how made 4344 

Surplus 4347 

When made. .... 4347 

Result of election, majority 

vote 4342 

Rights of purchaser . . . 4354 

Surplus revenue lands, of. . . 4368 
Taxation of lands sold. . . . 4364 

Terms of • ■ • ^346 

Timbered lands, conditions as 

to 4346 

Title, when complete 4365 

Failure of procedure. . . . 4367 
When vests in State. . . n. 1, 4344 
Treasurer's and Auditor's 

duties 4345 

Trustee's duties 4344 

Vote, when necessary .... 4339 
When not necessary .... 4366 

Waste, suit for 4350 

When Auditor may proceed. 

n. 6, 4383 
Where takes place . . . . n. 2, 4345 
Sale of lands bid in by Audi- 
tor 4393, 4394 

Deed for, to purchaser .... 4395 

How made ... 4394 

Statement concerning . . . 4396 

Surplus n. 5, 4393 

When title vests in State. 

4397 ; n. 1, 4344 

Saline fund 183,4325 

School Commissioners, Board of . 4457 to 

4464 

Bonds, issue and sell 4460 

Library bonds 4527d 

Official 4457 

Certificate of member .... 4459 
Districts, may change .... 4458 

Duties and powers 4460 

Election of 4457 

Library, establishes . . . 4460, 4527a 
License of teacher, issuing . . 4460 
Loans, mav make ...... 4464 

Meetings of > . . . 4462 



Notes, may give n. 2, 5, 4460 

Oaths of _. ". 4457 

Organization of 4459 

Pay, get none 4462 

Poll tax, can not levy . . . n. 1, 4460 

President of 5459 

Receipt to County Treasurer . 4527b 

Question on 4527c 

Record, keep 4462 

Rules and regulations, adopt . 4460 
School houses, may build . n. 2, 4460 

School law governs 4463 

Secretary and Treasurer of . . 4459 
Superintendent, appointment 

of 4460 

Taxes levy 4460 

How collected for 4461 

Teachers, employ 4460 

Term of office 4459 

Treasurer of 4459 

Gives bond 4460 

Vacancies, how filled .... 4459 

School corporation 4438 

Revenue of 4437 

School corporation, city is . • . 4438 

Process on 4536 

Town is ......... . 4438 

School director, election of . . . 4498 

Appeal from 4506 

Appointment by Trustee, when. 4498 

Exclusion of pupils by, limited. 4505 

Fuel and repairs, provides 4504 

President of school meeting, is 4503 
Removal of, how 
School house, has charge of. 
Trustee, communicates with 
Vacancies in office of. . . . 
Visitations by . ... 

School house. See House. 

School lands. See Lands. 

School laws. See Laws. 

School section, divided by town- 
ship lines 4330 

Ownership n. 9, 4325 

Substitute for 4330 

Courts do not take notice of, 

n. 4, 4328 
See Lands. 

School Trustee, Township Trustee, is 4438 

Accounts and receipts .... 4441 

Corrected 4456 

Examined 4454, 4455 

Advancing funds, reimburse- 
ment n. 15, 4441 

Annual report of 4443 

Anticipating revenue ■ . . n. 1, 4442 
Apparatus for schools, furnish- 
ing. 4444 

Appeal from 4537 

Assessment of damages . . n. 7, 4441 



4498 
4504 
4503 
4499 
4505 



SCHOOL LAW OF INDIANA. 



217 



SEC. 

School Trustee, bond and approval. 

4439, 4440 ; u. 1, 4440 

Action on, who may bring, 

n. 13, 4441 

Failure to give. . . . - n. 15, 4439 
Books, when subject to exami- 
nation 4454; n. 6, 4442 

Correcting n. 1, 4456 

See Books. 
Borrowing money . . n. 19, 20, 4444 ; 
n. 8, 4441 
Contracts . . n. 10, 4439 ; 4438a 

Correction of books of . n. 1, 4456 

County Superintendent elects . 4424 
Custody of school property, 

' n. 16, 4444 

Debt, power to incur 4438a 

Director, appoints, when. 

4498; n. 2, 4498 

Duties 4441, 4444 

As to election 4339 

As to revenue 4442 

Neglect of 4452 

Educational affairs, has charge 

of 4444 

Election of n. 8, 4438 

Enumeration, must make. . 4472 

See Enumeration. 
Expenditures, record of keeps. 4441 to 

4443 
Fine, for failure to serve . . 4453 
Graded schools, may establish . 4444 
Independent of town Trustees. 

n. 3, 4441 
Injunction, may bring - 4346 

Joint graded school with city 

or town . ... 4446 

Lands of Congressional Town- 
ship, accepts . . . 4328, 4444 
Lands, duties as to ■ . . 4328 to 4368 
Leases land of Township . 4329, 4330 
Levies tax to pay debts 4471 
Liability to teachers for pay of . n. 1, 
2, 4441 ; n. 3, 4486 ; n. 2, 10, 4510 

For error of judgment . n. 28, 4444 

Officer de facto, can not deny . h. 17, 

4441 

Under act of 188:? . . . n. 5, 4438c 
Library, has charge of . ... 4529 
Loans, power to bind Town- 
ship for ... . n. 8, 4441, 4438a 

Petition concerning ■ . . 4438b 
Mandate to compel delivery of 

books n. 6, 4441 

Member of County Board of 

Education 4486 

Misdemeanor, for neglect of 

duty n. 4, 4442 

Mistake in settlement . . . n. 5, 4441 
Mixing funds n. 16, 4441 



SEC. 

Name of, reported to State 

Superintendent .... 4440 

Neglect of duty, liability . . . 4452 
Notice of days for business . . 4438c 
Notifies teacher of Township 

Institute n. 1, 4520 

Numbers schools .... 4494 

Office of lucrative . . . .n. 7, 4439 

Officer ffcyhdo n. 4, 4441 

Over-payment to successor, re- 
covery n. 14, 4441 

Owns school funds, when . n. 18, 4441 

Pay of 4439 

Penalty, liable for n. 7, 4441 

Petition for sale of land, re- 
cords 4340, 4366 

Powers over schools . . . n. 1, 4444 

Property, has care of 4444 

Sale of by 4511 

Eecord of his proceedings . . 4442 
Of employment of teacher. 

n. 3, 4501 
Refunding to, Legislature may. 

n. 19, 4441 

Eeraoval n. 6, 4439, 4456 

Reports to County Commis- 
sioners 4441 to 4450 

Contents 4441, 4450 

Copy, sent to County Super- 
intendent 4441 

Failure to make 4451 

Files with County Superin- 
tendent . 4441 to 4450 
Lands of township, concern- 
ing. 4328 

Teachers to make to ... . 4449 

Transfers 4473 

When to make . . . . n. 2, 4443 
Revenue for tuition, duties 

as to .... 4442 

Former acts legalized . . . 4448 
Schools, establishes . . . 4444 

School house, contracts for, 

n. 3, 5, 4437 

Deed for, executes 4511 

Numbers 4494 

Sells _ . 4511 

School township, trustee of, is. 4438 
Special revenue, manages. . . 4445 
Special tax levies . . 4467 

Suit against . . 4430, 4441 ; n. 4, 4437 
Brings against predecessor, 

n. 4, 44.37 

Tax, annual levy, makes . . . 4469 

Special levy to pay debts . . 4471 

Teachers, employs ■ . . 4444, 4501 

Dismisses on petition . . . 4501 

Himself, can not employ as 

n. 5, 4444 
Terms, extending . . . . n. 16, 4439 



218 



SCHOOL LAW OF INDIANA. 



SEC. 

School Trustee, title to township 

money, has n. 2, 4440 

Transfers, reports 4473 

Tuition revenue, receives . . . 4441 
Vacancy in office, how filled, 

n. 5, 4439, 4440 
Voting for himself, can not, 

when . n. 18, 4424 

Vouchers, returns with report. 4441 
School Trustees, Board of [city 

and town) , . 4439 

Abolishment of office of. . n. 12, 4439 
Act as a unit . . . . n. 18, 4439 

Allowance of claims . . . n. 17, 4439 

Accounts, must keep 4431 

Board of . . . 4439, 4440 ; n. 1, 4489 

City has 4439 

Duties 4439 

Election of 4439 

Tie vote n. 8, 4439 

Time of n. 2, 4439 

Graded schools, establish . . . 4444 
Independent of council n. 3, 4441 

Joint graded schools, establish . 4446 
Liability of, for bonds . . n. 4, 4488 
Mandamus to compel election 

of . . . n. 14, 4439 

Misapplication of funds . n. 10, 4441 ; 
n. 5, 4442 
Old board may hire teachers 

for new . . n. 2, 4445; n. 13, 4439 ; 
n. 3, 4510 ; n. 7, 4444 

Organization of 4439 

Pay of members . . . 4439, n. 4, 4439 
President of . . - ... 4439 

Eecord of employment of 

teachers n. 3, 4501 

Eeports to County Commis- 
sioners ... .... 4441 

Residence of members . n. 4, 4439 
Resignation of members . n. 3, 4439 ; 
n. 6, 4440 
School Superintendent employ . 4445 
Secretary of ... . ... 4439 

Special revenue, manage . ■ . 4445 
Suit on Treasurer's bond . n. 14, 4439 

Term of office 4439 

Extending n, 16, 4439 

Treasurer of 4439 

Vacancies 4439 

Schools, abandoning, Trustee 

may n. 23, 4444 

Attachment to, when made . . 4472 
Changing, when allowed . . . 4472 
City exempt from control of 

County Superintendent . . . 4429 
Colored children entitled to . . n. 1 to 

4, 4496 

Discrimimtion n. 3, 4496 

Enforcement of . . . a, 25, 26, 4444 



SEC. 
House. See house. 

Janitor for n. 3, 4504 

Kindergartens 4447a 

Land. See lands. 

Location of . 4444 

Manual training 4447d 

Night 4447b 

Number of ... ... 4444 

Kegulations for, inforcement . n. 24, 
4444 ; n. 1, 4501, 4460 

State institutions n. 1, 182 

Terms must be equal . . . n. 1, 4494 
Tuition. See tuition. 

Uniform, must be n. 3, 182 

School year begins, when .... 4499 
Seal, State Superintendent uses . 4420 
State Board of Education has. 4420 
Seminary fund belongs to • • 183, 4325 
Sinking fund, interest distributed 4487 
Special tax, levy must be made, 

n. 3, 4490 
State Board of Education formed 4420 
Books, select. See Books. 

By-laws, may adopt 4421 

Duties of 4421 

Expenses of 4423 

Members of 4420 

Meetings of 4420, 4422 

Orders carried out by County 

Superintendents 4429 

Pay of members of 4423 

President of 4420 

Record of 4420 

Seal of 4420 

Secretary of . . ' 4420 

State University, Trustee of, 

appoints 4565 

Teachers' certificates, grants . . 4422 
State Normal — 

Agent, pay of 4560 

Appropriation for 4558 

Building, contract for . . 4548 
Christian morality to control . 4553 
Fund for, how obtained . . . 4556 
Located at Terre Llaute . 4547 
Model school to be organized . 4549 
President of 4545 

Member State Board Educa- 
tion 4420 

Pupils, admission of 4551 

Certificates to .... 4557 

Diplomas to 4557 

Reports to General Assembly . 4554 

To Governor 4554 

Secretary of . 4545 

Sectarianism forbidden. . . . 4553 
Treasurer of 4545 

Pay of . • • ^560 

Trustees, studies prescribed by 4550 

Governor appoints ..... 4543 



PtCTTOOTi LAAV OF TNMANA. 



219 



State Normal — contiimai ■;wx\ 

Trustees, instructors elected by, 43".L^ 

Organization of . . . 4545 

Pay of 4559 

Proposal for donations . . - 4546 

Term of office of 4544 

Vacanies in 4544 

Tuition free 4552 

Visitors, and their pay .... 4555 
State University — 

Alumni elect a trustee. 4566d to 4566g 
Agricultural department in. . 4590 
Appropriation, annual, for 4660 
Books from State Library to . 4598 
Building and repairs, commit- 
tee of . 4588 

Establishment of 4561 

Faculty of, lectures by . . . 4588 

Buildings cared for by . . 4588 

Powers of 4571 

State Geologist is member of. 4954 

Vacancies in 4568 

Fund of, how derived . . 4595 

Borrower of, abstract made 

by . 4604 

Accounts with . . 4620 

State Auditor's warrant 

to 4605 

Endowment 4661a 

Application 4661b 

Bond of State 4661c 

Loan of State 4661d 

Mortgage 4661e 

State may borrow . . . . 4 66 If 

Tax for 4661a 

Loan of 4596, 4621 

Interest on 4600 

Judgment for 4609 

Liens, certihcates as to . . 4603 

Limit as to 4599 

Mortgage to secure . . . 4597 

Form of 4597 

Priority of 4601 

Recording of 4602 

Satisfaction of .... 4607 

Note for, form of ... . 4598 

Payment of ....... 4606 

Restrictions as to ... . 4599 

Unpaid, how collected . 4608 
State Auditor's pay for man- 
aging 4624 

Treasurer's pay for man- 
aging 4629 

Payments to 4606 

Receipt of - . . 4606 

Geological examinations . . . 4584 

Lands, how cared for .... 4622 

Appraisement of . 4633, 4634 

Certificates of entry of . . 4642 

Assignment of 4642 

On cash sale 4616 



svx\ 

Vv.Wwi on. 4623 

Purchaser gets 4640 

Record of 4641 

County Auditor sells, when . 4635 

Lands, County Auditor's pay 

on sale ... 4653 

Registers certificate . - . 4641 

Report by, as to . ... 4650 

County officers' duty as to . 4659 

County Treasurer's pay for 

sales 4653 

Reports b's', as to ... • 4651 

Extension of payment on . . 4Go0 
Forfeiture prevented . . 4631, 4645 

Money, how paid 4626 

Notice of sale of . . . 4610, 4636 

Patent issued, when . . . . 4649 

Pay of Commissioners . . • 4627 

Payment to State Treasurer . 4652 

Purchase by Auditor, when . 4612 
Purchaser secures against 

waste. 4647 

Recording and patents . . . 4628 

Redemption of 4646 

Sale, place and manner of . 4637 

Certificate for deed . 4616 

Credit for interest, how . . 4617 

Fees and damages .... 4618 

Forfeited lands, of . . . . 4632 

Mortgaged lands, of . • . 4611 

Overplus, disposition of. . 4613 

Proceeds of 4655 

Report of 4656 

Re-sale by Auditor . . . 4612 

Statement of 4614 

Terms of 4638 

Trustee must attend . . . 4657 
Surplus to forfeiting pur- 
chaser 4644 

Title to, how evidenced . . 4642 

Reverts to State, when . . 4643 

State in, without deed . . 4615 

Trustee attends sale . . . 4657 

Lands, can not buy - 4658 

Unsold, subject to private 

entry 4639 

Lease of 4624 

Waste, liability for ... . 4648 

Mineralogical collection . . . 4584 

Normal department of . . . . 4589 

Proceeds of seminary lands to . 4569 

Registry of alumni 4566d 

Religious qualification, none . 4572 

Report, annual, of Trustees . . 4586 

Printing of .... 4585 

Supt. Public Instruction, to . 4582 

Scholarships transferable . • . 4591 

Perpetual, fee for 4592 

Secretary, election of 4562 

Dutiesof 4580 



•220 



SCHOOL LAW OF INDIANA. 



Stale Uni verity — amliuucd. SEC. 

Sectariatiism exi-luded .... 4573 

SessioBw of, notice 4587 

State Geologist aids museum . 4594 

Faculty, belongs to ... . 4594 

Students from eacii county . . 4574 

Notice to counties about . 4575 

Religious test not required . 4572 

Tuition free for 4574 

Tax for endowment fund . . . 4661a 
Treasurer, election of ... . 4562 

Bond of 4576 

Duties of 4581 

Trustees, Board of 4562 

Allowances, make 4570 

Election . . 4566a to 4566h 

First, who were 456J 

Meetings, annual 4567 

First, where held .... 456 1 

Pay of 4566 

President of 4562 

Quorum of 4568 

Pieport of 4586 

Vacancies in 4565, 4568, 

4566b, 4568c 

Visitors, board of 4577 

Duties of 4579 

Report as to absentees . . 4578 
Statistics, furnished by State Su- 
perintendent .... 4410 
Statute of limitations, when does 

not run n. 17, 4437 

Studies, duty of Trustee as to . n. 1, 4497 

Additional n. 2, 4497 

Algebra n. 1, 4497 

District meetings determine. . 4499 

German n. 5, 4497 

Latin n. 1, 4497 

Music n. 6, 4497 

Order of n. 3, 4497 

Teacher's contract to teach . n. 4, 4497 
What shall be taught . . 4497 
What teacher shall be ex- 
amined in 4425 

Subrogation, purchase under 

mortgage n 6, 4395 

Succession to school property, 

n. 1,4437; n. 4, 4438 
Suits, Attorney - General may- 
bring /. . . . n. 3, 4326 
Auditor, may bring, when . 4383 
City, against or for . . . . 4488 
Complaint, what must show, 

n. 18, 4437 
County Commissioners, suing, 

n. 2, 4399 

Costs 4535 

County Superintendent may 

bring, when 4435 

How brought . 4534; n. 3, 7 to 9, 4437 ; 
n. 1, 4534 



Mandate caii not take place of, 

n. 11, 4437 
Process, how served . . . n. 1, 4536 ; 
n. 22, 4437 ; n. 3, 12, 4438 
Eight to bring. . . 4429 

Statute of limitations. . n. 17, 4437 
Teacher mav sue for his salary, 

n. 9, 4439 

Town, for or against 4438 

Township, for or against . . . 4437 
Superintendent (of city), how 

elected 4445, 4460 

Duties 4445 

Pay 4445 

Sujjerintendent (of county). See 

County Superintendent. 
Superintendent [of Public Instruc- 
tion), appeals to 4538 

Apportionment, prints state- 
ment of 4483 

Balance of, duty as to . . . 4485 
Normal school fund .... 4556 
Revenue (of), makes . 4477 to 4482 
Attorney, may employ . . . n. 2, 4413 
Blank forms, furnishes . • . 4415 

Books, duties as to. See Books. 
Bookkeeping, prescribes forms 

of 4416 

Clerks for 4408 

Salary of 4419 

Counties, must visit 4411 

County Auditor's books, ex- 
amines 4411 

Defaulting, brings suit 

against 4405 

Penalty for failure 4481 

School revenue, reports, 6478 to 4481 
County Superintendents report 

tJ 4428, 4429 

Names of reported to. . . . 4424 

Documents, supplies 4418 

Duties 4408 

Election of 4406 

Expenses of, paid 4412 

Funds, supervises 4413 

Deficit in, duties as to . . . 4326 
Diminution of county, when 4481 
Normal school, to - . . . 4556 
Report to, as to divided town- 

ship 4336 

Suit for, may order .... 4413 
General Assembly, reports to . 4410 
Crovernor, reports to . 4409 

' Instructions, Superintendent 

furnishes 4415 

Interest, looks after 4326 

Lectures . . 4411 

Libraries, furnishes books to • 4418 
Member of State Board of 

Education ... . . 4420 

Opinions, gives . . . . n. 2, 3, 4408 



SCHOOL LAW OF INDIANA, 



221 



Superintendent - coiHinaaK sec. 

Normal School, is Trustee of . 4543 

Oath of ... 4407 

Office provided for 4408 

President of State Board of 

Education 4420 

Prosecutor, Superintendent 

may direct, when 4413 

Reports from 4409, 4410 

Reports to . . 43.S6, 4346, 4401, 4414, 
4424, 4428, 4429, 4440, 4446, 4478 
to 4481, 4482 
Salary of . . • .... 4419, 4427 
School laws, prints and dis- 
tributes 4417 

School officers, must meet. . . 4411 
Opinions, gives to - 4408 

Schools, manages business of . 4408 
Seal, uses . ... 4420 

State Board of Education, 

member of 4420 

State University, reports to . . 4582 
Is visitor of . . . ... 4577 

Statistics, furnishes 4410 

Suits, causes to be brought . 4405, 4413 
Teachers, must counsel with . 4411 
Term of office ... 189 

Commencement of 4407 

Traveling expenses of ... . 4412 
Visits counties. . 4411, n. 1, 4411 
Summons, how served . . . n. 12, 4438 
Surplus on sale of land, disposi- 
tion of 4392, n. 3, 4, 4347 

Special revenue . . . 4447 

Surplus revenue fund, sale of 

lands of 4364 

Belongs to schools 183 

Investment of . .... 4368 

Swamp lands, belong to school 

fund 183, 4325 



T. 



Taxes, annual levy 4465 

Assessment 4468 

Auditor's duty as to 4468 

Bank stock liable to . n. 5, 4467 

Bonds for school buildings, to 

pay 4490 

Buildings, erection of ... 4467 

Expenses for . . . 4467 

Tax payers may advance 

monev for ^467 

Collection 4468 

In large cities . . ... 4461 

Expense of schools, for . ... 4467 

Fuel, for 4467 

Legalized n. 1, 4465 

Lew, who makes, 

n. 2, 4467; n. 1, 2,4469 

In large city 4460 



SEC. 

Limit in large city .... 4460 

Special tax 4467 

To pay debts, obligatory . n. 3, 4490 

Library bonds 4527e 

Lien .... n. 3, 4792 

On land bid in by Auditor, 

n. 3, 4394 

Local tuition 4469 

Management of, by Trustee. . 4470 
Manual training school 4447f 

Poll, school Commissioners can 

not levy . . . n. 1, 4460 

Eaco, no discrimination in . . 4466 
Report of Auditor concerning, 4478 

Contents 4479 

When made - 4479 

Report of transfers 4468 

School Commissioners gives re- 
ceipt for 4527b 

School lands sold, subject to . 4s64 
Special lor buildings and furni- 
ture . . 4467 

Constitutionality of . • . n. 1, 4467 
County Commissioners, no 

control over . . . . n. 3, 4467 
For general purposes in city 

or town. . 4490 

To pav debts . . . 4471 ; n. 1, 4471 

Who levys n. 2, 6, 4467 

Tax title, inferior to mortgage 

lien n. 3, 4383 ; n. 5, 4395 

Transferred, person taxed, 

4468; n. 7, 4473; n. 4, 4474 
Treasurer of county, collects, 

when 4468 

Treasurer's quietus to ... . 4527b 
Trustee, local, levy by ... ■ 4469 

Tuition 4465, 4469 

How applied 4470 

Uniform, must be ... . 4466, 4494; 
n. 1, 4494 
Wrong corporation receiving, 

liability n. 9, 4473 

Teacher, assault upon . . . n. 2, 4507 
Authority over pupils . . n. 3, 4504 
Authority out of school n. 4, 4504 
Bible, reading . • n. 2, 4493 

Care of school property. . n. 17, 4444 

Compensation n. 1, 4444 

When forfeited 4501 

Contract, blanks in . . . . n. 3, 4501 
Contents. n. 17, 4444 

How made - n. 6, 4444; n. 18, 4439 
Lack of funds . . n. 3, 4501 

License necessarv ... n. 1, 4501 
Verbal ....'... n. 3, 4501 

When made n. 7, 4444 

Written ■ ■ / •. n. 3, 4501 
Corporal punishment, inflict- 
ing n. 6, 4501 



922 



SCHOOL LAW OF INDIANA, 



'lY-acher — continued. ^r- ', 

Dismissal 4501, u. 5, -li'iUl 

Illegal, result n. Ti, 4501 

On majority vote ■ . . n. 5, 4501 
Employment" . 4444, n, 3, 4499, 4501 
License expiring . 442G 
Kecord of .... n. 3, 4501 
Who makes . . . n. 19, 4487, 4444 
Examined, how .... 4425, 4502 
In two counties . . • . n. 15, 4i25 
Execution to collect pay . n. 3, 4501 
Failure of authorities to fur- 
nish school n. 2, 4449 

German teacher, must have 

license . n. 5, 4425 

Holidays, gets n. 7, 4501 

Immorality of n. 5, 4426 

Incompetent, may be refused 

license ... n. 13, 4425 

Institute, must attend . . . 4520 

Pay for n. 2, 4520 

Insulting . .... 4507 

Liability of Trustee to . n 1, 2, 4441 ; 
n. 2, 10, 4501 ; n. 3, 4486 
License, must have, 

4501 ; n. 1, 4501, 4460 
Minor, may be . . . n. 2, 3, 4501 

Moral character of .... . 4425 
Names not reported, when . - 4428 
Old board employing n. 2, 4445 ; 
n. 7, 4444 ; n. 13, -1439 ; n. 3, 4501 

Patrons electing n. 2, 4444 

Pay, funds giving out . . , n. 3, 4501 

Execution to collect . . . n. 3, 4501 

Forfeiting .... 4501 

Of graded school . . n. 15, 4444 

Private examina^tions of . . • 4427 

Protest of patrons n. 4, 4501 

Qualifications of . . • 4501 

Eecord of employment. . . n. 3, 4501 
Eeligious belief . . . n. 2, 4493 

Eemedy, to recover pay . . n. 2, 4486 
Removal, practice . . n. 4, 4426 
Eeport, must make . . 4449, n. 4449 

Contents 4449 

Penalty. ....... 4449 

Private teacher . . . . n. 1, 2, 4509 

When makes n. 1, 4449 

Resignation of n. 8, 4444 

State certificate to ... 4422 

Suit for wages . n. 9, 4439 ; n. 3, 4501 
Trustee can not emplov himself, 

n. 5, 4444 
Not personally liable . . n. 3, 4486 
Want of funds to pay, no de- 
fense '. . . n. 2, 4486 

Who may emplov . • . . n. 2, 4445 ; 

n. 7, 4444; n. 3, 4501 ; n. 13, 4439 

Withholding wages . . . . n. 3, 4449 

Terms, length of school .... 4495 

Uniform, must be . . 4494; n. 1, 4494 



SEC. 

Text-books, change of 4436 

See Books. 
Timber, sale of lands with 4346 

Cutting. 4346 

Time, how reckoned 4495 

Month 4495 

Term 4495 

Week 4495 

Year. 4495 

Title, how taken to school property 4508 
.Joint school. . . . 4513 

Tax title, inferior to school 

mortgage lien . n. 3, 4380 ; n. 5, 4395 
To school money . . n. 2, 4440 

When vests in State without 
deed ... ... 4896 

Towns, corporation for schools, 

are 4438 ; n. 2, 4438 

Bonds for buildings, may sell . 4488 
County Superintendent, con- 
trols . . . n. 3, 4429 
Dog fund, division of, with, 

n. 3, 4487b 
.Joint graded schools in. . . 4446 
Pupils outside may attend . . 4490 
School corporation, is ... • 4438 

Suits n. 1, 4438 

Superintendent in 4445 

Trustees, fined, when 4451 

Election of 4439 

Unincorporated, bequest to aid 4514 
Bonds for . .... 4514 

Petition for 4514 to 4516 

Sale of bonds 4516 

ToT/nships, boundaries of . . . . 4331 
Contracts of . .... 4437 

Corporation for school pur- 
poses . _ n. 2, 4437 ; n. 9, 4438 
County line, dividing . . 4332 

Division of funds, with town, 

n. 8, 4438 
.Judicial notice of .... n. 10, 4437 
Name of . . . 4437; n. 20, 21, 4437 

Power of n. 16, 4437 

Presumption raised by use of 

name n. 6, 4437 

Process, how served upon . n. 22, 4437 

Suits 4437, 4438 

Traffic in questions, forbidden . 4421a 
Transfers, adjoining, when must 

be made n. 2, 4473 

Appeal from .... 4537 ; n. 1, 4473 

Auditor's duty n. 5, 4473 

Better accommodations. . . n. 3, 4473 
Constitutionality of law. . n. 10, 4473 
County Superintendent, duty 

concerning n. 5, 4473 

Enumeration of. . . n. 6, 4472; 4472, 

4473 
' From one county to another . 4474 



SCHOOL LAW OF INDIANA. 



223 



Transfers — continued. sec. 

Notice of _ . . . . n. 5, 4473 

Payment for transfers .... 4474 
Privileges of persons trans- 
ferred n. 13, 4473 

Kecord of n. 6, 4473 

Refusal to receive person trans- 
ferred. • ■ ■ _ n. 12, 4473 
Removals, liability for tax . n. 7, 4473 ; 
n. 4, 4474 

Report of n. 2, 4471 

Re-transfesr n. 4, 11, 4473 

Right of • . ■ • n. 1, 4473 

Taxing transferred persons, 

n. 2, 4470; n. 7, 4473; 4490; 
n. 1, 4490; n. 5, 4490. 
Bonds, liable for n. 5, 4490 

Tenants' property can not be 

taxed n. 7, 4473 

Wife's property can not be 

taxed . : n. 7, 4473 

What amounts to n. 8, 4473 

When made n. 1, 4473 

Who may be 4473 

Wrong corporation receiving 

tax . • • • . ■ n. 9, 4473 

Treasurer {city), bond in large city, 

4460 
Election and bond . . 
Treasurer ( county), collects 
school tax ... 
Pays tax to City Treasurer 
Report, makes of fund of. 

Re-sale of land 

Sale of land, attends. • ■ 
School money, receives • 
Treasurer (State), pays fund to 

county 
Tr'easurer (toiun) election and 

bond 

Truancy, expulsion for. . . . n 

Tuition, advancement by Trus 

tee. reimbursement . . . n. 

(Annual levy of 

A.nticipating . . . 4442 ; n 

Application of n 

A.pportionment of by Auditor 
of State . 
According to enumeration 
By County Superintendent 
Auditor of State, draws war- 
rant for ... ... 

Books, used to pay for . n. 
Constitutionality of levy for.n 
Defined . ... 

Diminished for failure to report 



4439 

4468 
4461 
4398 
4347 
4345 
4388 

4484 

4439 
, 4505 

15, 4441 
4465 

1, 4470 

2, 4442 

4484a 
4432 
4434 

4484a 
11, 4444 
4, 4469 
4325 
. 4431 
Expenditure of, within year, 4442, 4499 
Expense of collecting can not 

be deducted from . 4325 

Fees can not be taken from, 

n. 4325 ; n. 3, 4469 



SEC. 

Formation of town, division 

of n. 2, 4508 

Levy of, who makes. . . n. 1, 2, 4469 
License money forms part of, 

n. 10, 4325 
Local tax for 4469 

How levied 4470 

Mandate to compel application 

of . . n. 2, 4441 

Mixing with other funds . n. 16, 4441 

Ownership of n. 18, 4441 

Payment of, by non-resident.n. 4, 4490 
Private school, can not be used 

for n. 4, 4509 

Rents deducted from 4328 

Report of transfers for . . 4473 

Surplus special school fund, 

transfered to . . . n. 4, 4467 

Town incorporated within 

Township n. 5, 4486 

Township n. 5, 4486 

U. 

Uniformity of school terms, 

4494 ; n. 1, 4494 

Unsafe investments n. 1, 4400 

Use of school house for private 

purpose 4509, 4510 

V. 

Vacancy in office of County 

Superintendent 4424 

City or town Trustee . . . 4439, 4459 

Township Trustee n. 5, 4440 

Vaccination, duty concerning, 

n. 4, 4429 
Power to compel . n. 5, 4429 

Visits, County Superintendent 

makes 4429 

Director makes 4505 

State Superintendent makes . 4411 
Voters, defined, 

n. 4, 4501 ; n. 2, 4509, 4499 
Lessees. ■ . . n. 1, 4339; n. 1, 4729 

Meetings of 4499 

Petition by for removal of 

school house 4499 

To sell, school house . . - 4499 
Repairs direct . , . 4499, 4500 

Who are n. 1,4498, 4499; 

n. 4, 4501 ; n. 2, 4509 



W. 

Warrant on Treasurer to borrow. 4383 

To counties by State Auditor . 4484 

Warranty of title by State . . n. 3, 4383 



224 



SCHOUL LAW ur iiNDlANA. 



SEC. 
Waste, injunction to prevent on 

school lands ... n. 2, 4346 
Liability for, in case of for- 
feiture 4349 

Suit for 4350 

Week of school, what is ... . 4495 
Wife, signature to mortgage 

necessary n. 1, 4385 

Will, device to Township for 

schools n. 4, 4437 



SEC. 
Witnesses, use of on appeal . n. 1, 4537 
Women eligible to school offices . 4540 

Bond of binding 4541 

Constitutionality of act . n. 1, 2, 4540 
Worship, reading Bible . . . n. 3, 4493 



Y. 

Year, school, when begins 



4499 



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